CORRECTION ADMINISTRATION

NON-INSTITUTIONAL CORRECTION

Not all convicted offenders have to serve their sentence behind bars. Some
are allowed to stay in the community, subject to conditions imposed by the
government. They are either granted Probation, Parole, Conditional Pardon or
Recognizance.

Community-based approach to corrections as a way to decongest the prisons

involve the Public Attorney’s Office and the National Prosecution Service
effecting the immediate release of detainees either on bail or recognizance and
giving priority to the trial of detainees who cannot be released on bail or
recognizance.

It involves the efficient performance of the Boards of Pardons and Parole in

the granting of timely release of prisoners and the effective supervision of
released prisoners on parole or conditional pardon and those under probation by
the Probation and Parole Administration. Probation and Parole are two forms of
non-institutional or community based corrections.

NON-INSTITUTIONAL, COMMUNITY-BASED CORRECTIONAL PRACTICES

The fact that our government is facing severe budgetary crisis does not
augur well for the Criminal Justice System most particularly the Corrections
Pillar, which is the last destination of society’s convicted offenders.

With this cramped situation, our foreign lenders will also downgrade our
credit rating which has the inverse effect of increasing our interest rate payments.
The devaluation of the peso will also lead to an increase in the price of imported
oil which will in turn force prices of local goods to increase.

Because of this, tax collections decrease, as what our government is

experiencing now while foreign debt payments increase, and prices of supplies
and equipment increase.

Non-institutional corrections refer to that method of correcting sentenced

offenders without having to go to prison. The advantages of this is that it is less
costly on the part of government, the offender ’s family need not suffer since the
offender will not be sent away from them and he will still be able to go on with his
life and livelihood thereby enabling him to support his family. The community will
also be involved so that crime becomes less hard to control.

ADVANTAGES OF COMMUNITY-BASED CORRECTIONS ARE:

1. Family members need not be victims also for the imprisonment of a member
because the convict can still continue to support his family, not to be far away
from his children;

2. Rehabilitation will be more effective as the convict will not be exposed to

hardened criminals in prisons who will only influence him to a life of crime;

3. Rehabilitation can be monitored by the community thus corrections can be

made and be more effective;

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 4. Cost of incarceration will be eliminated which is extremely beneficial
especially to a cash-strapped government. An entire bureaucracy will be
eliminated which includes the salaries, benefits and perks of the officers and
staff, capital outlays, operating costs, maintenance of the facilities, subsistence
of inmates, and many others.

PROBATION - A term coined by John Augustus, From the Latin verb "probare" -
to prove, to test.

The origins of probation can be traced to English criminal law of the

Middle Ages. Harsh punishments were imposed on adults and children alike for
offenses that were not always if a serious nature. Sentences such as branding,
flogging, mutilation and execution were common. During the time of King Henry
VIII, for instance, no less than 200 crimes were punishable by death, many of
which were minor offenses.

This harshness eventually led to discontent in certain progressive

segments of English society concerned with the evolution of the justice system.
Slowly, yet resolutely, in an effort to mitigate these inhumane punishments, a
variety of measures were devised and adopted. Royal pardons could be
purchased by the accused; activist judges could refrain from applying statuses or
could opt for a lenient interpretation of them; stolen property could be devalued
by the court so that offenders could be charged with a lesser crime. Also, benefit
of clergy, judicial reprieve, sanctuary, and abjuration offered offenders a degree
of protection from the enactment of harsh sentences.

Eventually, the courts began the practice of "binding over for good
behavior," a form of temporary release during which offenders could take
measures to secure pardons or lesser sentences. Controversially, certain courts
in due time began suspending sentences.

In the United States, particularly in Massachusetts, different practices

were being developed. "Security for good behavior," also known as good
aberrance, was much like modern bail: the accused paid a fee as collateral for
good behavior. Filing was also practiced in cases that did not demand an
immediate sentence. Using this procedure, indictments were "laid on file" or held
in abeyance. To mitigate unreasonable mandatory penalties, judges often
granted a motion to quash based upon minor technicalities or errors in the
proceedings. Although these American practices were genuine precursors to
probation, it is the early use of recognizance and suspended sentence that are
directly related to modern probation.

Two names are most closely associated with the founding of probation:
Matthew Davenport Hill, an 18th century English barrister and judge, and John
Augustus, a 19th Century Boston boot-maker.

As a young professional in England, Hill had witnessed the sentencing of

youthful offenders to one-day terms on the condition that they be returned to a
parent or guardian who would closely supervise them. When he eventually
became the Recorder of Birmingham, a judicial post, he used a similar practice
for individuals who did not seem hopelessly corrupt. If offenders demonstrated a
promise for rehabilitation, they were placed in the hands of generous guardians
who willingly took charge of them. Hill had police officers pay periodic visits to
these guardians in an effort to tack the offender's progress and to keep a running
account.

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 John Augustus, the "Father of Probation," is recognized as the first true
probation officer. Augustus was born in Woburn, Massachusetts, in 1785. By
1829, he was a permanent resident of Boston and the owner of a successful
boot-making business. It was undoubtedly his membership in the Washington
Total Abstinence Society that led him to the Boston courts. Washingtonians
abstained from alcohol themselves and were convinced that abusers of alcohol
could be be rehabilitated through understanding, kindness and sustained moral
suasion, rather then through conviction and jail sentences.

In 1841, John Augustus attended police court to bail out a "common

drunkard," the first probationer. The offender was ordered to appear in court
three weeks later sentencing. He returned to court a sober man, accompanied by
Augustus. To the astonishment of all in attendance, his appearance and
demeanor had dramatically changed,'

Augustus thus began an 18-year career as a volunteer probation officer.

Not all of the offenders helped by Augustus were alcohol abusers, nor were all
prospective probationers taken under his wing. Close attention was paid to
evaluating whether or not a candidate would likely prove to be a successful
subject of probation. The offender's character, age and the people, places and
things apt to influence him/her were all considered.

Augustus was subsequently credited with founding Investigations, one of

three main concepts of modern probation, the other two being Intake and
Supervision. Augustus, who kept detailed notes on his activities, was also the
first to apply the term "probation" to this process of treating offenders.

By 1858, John Augustus had provided bail for 1,946 men and women,
young and old. Reportedly, only ten of this number forfeited their bond, a
remarkable accomplishment when measured against any standard. His
reformer's zeal and dogged persistence won him the opposition of certain
segments of Boston society as well as the devotion and aid of many Boston
philanthropists and organizations. The first probation statute, enacted in
Massachusetts shortly after this death in 1859, was widely attributed to his
efforts.

Following the passage of that first statute, probation spread gradually

throughout the United States and subsequently to many other countries. The
juvenile court movement contributed greatly to the development of probation as a
legally recognized method of dealing with offenders. The first juvenile court was
established in Chicago in 1899. Formalization of the concept of Intake is credited
to the founders of the Illinois juvenile court. Soon after, thirty states in turn
introduced probation as a part of juvenile court procedure. Today, all states offer
both juvenile and adult probation.

The administrative structure of probation varies widely from state to state.

In some states, probation and parole are combined. There are state-administered
probation systems and locally administered systems. In New York, probation is
locally administered under the general supervision of the state.

Probation in New York State had its official beginning in 1901, with the
enactment of the first probation in the state. One of the commission's
recommendations in its report to the Legislature resulted in the creation of the
New York State Probation Commission in 1907. Until the late 1920s, this
commission coordinated probation work in various parts of the state, encouraging
the statewide development of probation services, the planned and promoted
standards of practice, and guidelines for monitoring local probation services.

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 In 1917, a State Division of Probation was established within the NYS
Department of Corrections, and in 1928 the Office of the Director of Probation
was created. The State's Division of Probation remained within the Department of
Corrections until 1970 when it was organized as a separate state agency within
the Executive Department. The Director of the NYS Division of Probation then
became a gubernatorial appointee, directly accountable to the governor.

As a result of additional statutory changes, local probation departments,

which prior to the early 1970s were responsible to the judiciary, followed they
NYS Division of Probation's lead. In 1974, all local probation directors were made
accountable to their respective chief county officials, or in the case of New York
City, the mayor.

In 1984, the Classification/Alternatives Law expanded the authority of the

state division. the name was changed to the New York State Division of
Probation and Correctional Alternatives, enhancing the division's ability to foster
the development and effective implementation of local community-based
corrections.

HISTORICAL BACKGROUND of Probation in the Philippines

Probation was first introduced in the Philippines during the American

colonial period (1898 - 1945) with the enactment of Act No. 4221 of the Philippine
Legislature on 7 August 1935. This law created a Probation Office under the
Department of Justice. On November 16, 1937, after barely two years of
existence, the Supreme Court of the Philippines declared the Probation Law
unconstitutional because of some defects in the law's procedural framework.

In 1972, House Bill No. 393 was filed in Congress, which would establish
a probation system in the Philippines. This bill avoided the objectionable features
of Act 4221 that struck down the 1935 law as unconstitutional. The bill was
passed by the House of Representatives, but was pending in the Senate when
Martial Law was declared and Congress was abolished.

In 1975, the National Police Commission Interdisciplinary drafted a

Probation Law. After 18 technical hearings over a period of six months, the draft
decree was presented to a selected group of 369 jurists, penologists, civic
leaders and social and behavioral scientists and practitioners. The group
overwhelmingly indorsed the establishment of an Adult Probation System in the
country.

On 24 July 1976, Presidential Decree No. 968, also known as Adult

Probation Law of 1976, was signed into Law by the President of the Philippines.

The operationalization of the probation system in 1976-1977 was a

massive undertaking during which all judges and prosecutors nationwide were
trained in probation methods and procedures; administrative and procedural
manuals were developed; probation officers recruited and trained, and the central
agency and probation field offices organized throughout the country. Fifteen
selected probation officers were sent to U.S.A. for orientation and training in
probation administration. Upon their return, they were assigned to train the newly
recruited probation officers.

The probation system started to operate on 3 January 1978. As more

probation officers were recruited and trained, more field offices were opened.

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There are at present 204 field offices spread all over the country, supervised by
15 regional offices.

PROBATION

PROBATION

- is a disposition under which a defendant, after conviction and

sentence, is released subject to conditions imposed by the court and to
the supervision of a probation officer

PD 968 - THE PROBATION LAW OF 1976

- approved on 24 July 1976; effectivity date is 3 January 1978

AMENDATORY LAWS TO PD 968

PD 1257 – effectivity date, 01 December 1977; amended the period within which
application for probation must be made

BP 76 – effectivity date, 13 June 1980; amended the maximum penalty for

qualification for probation

PD 1990 - effectivity date, 15 January 1986; amended BP 76 back to original

form and made probation and appeal exclusive remedies

PROBATIONER
- is a person placed on probation

PROBATION OFFICER (now Probation and Parole Officer)

- is one who investigates for the court a referral for probation or
supervises a probationer or both

FORERUNNERS OF PROBATION

1. BENEFIT OF CLERGY
This originated in a compromise with the Church which had
maintained that a member of the clergy brought to trial in a King ’s Court
might be claimed from that jurisdiction by the bishop or chaplain
representing him, on the ground that he, the prisoner, was subject to the
authority of the ecclesiastical courts only.

2. JUDICIAL REPRIEVE

This is a temporary withholding of sentence, either before or after

judgment; as where the judge is not satisfied with the verdict, or evidence
is suspicious, or indictment is insufficient, or he is doubtful whether the
offense be within the clergy, or sometimes if it be a small felony, or any
favorable circumstances appear in the criminal ’s character.

3. RECOGNIZANCE (BINDING OVER FOR GOOD BEHAVIOR)

It originated as a measure of preventive justice, involving the

release of the person accused of committing a crime to the custody of a
person of reputable character, who shall have the responsibility of bringing
the accused to court whenever the court requires.

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 4. TRANSPORTATION

This was chiefly a way of ridding the country of criminals; it later

developed as a plan for supplying new colonies with cheap labor. It was
also an attempt to substitute for brutal punishment at home and an
opportunity for rehabilitation in a new country.

IMPORTANT PERSONALITIES IN THE HISTORY OF PROBATION

JOHN AUGUSTUS

- “Father of Probation” in the US

MATTHEW DAVENPORT HILL

- is considered as the “Father of Probation” in England

TEODOLO S. NATIVIDAD

- Father of Philippine Probation

Act No. 4221

– the first Probation Law of the Philippines

– this act became effective on August 7, 1935
– the Supreme Court declared this Act unconstitutional on November
16, 1937

In People vs. Vera (37 O.G. 164), the constitutionality of Act 4221 was
challenged because of the following grounds:
a) The said act encroaches upon the pardoning power of the
executive
b) That it constitute an undue delegation of legislative power
c) It denies the equal protection of the laws

SIX SIGNIFICANT IDEAS AND CHARACTERISTICS OF PROBATION

1. A more enlightened and humane correctional system;

2. To promote the reformation of offenders;
3. Reduction of the incidence of recidivism;
4. Extending to offenders individualized and community-based treatment
programs instead of imprisoning them;
5. Limited to offenders who are likely to respond thereto favorably;
6. The method is less costly than confinement.

PHILOSOPHY AND CONCEPTS OF THE PROBATION SYSTEM

1. There is no single cause for delinquent behavior. Human beings are

extremely complicated.
2. Delinquent and criminal acts are symptoms a more serious underlying
condition.
3. That the individual has the ability to change and to modify his anti-social
behavior with the right kind of help.
4. The Central goal of the Probation Administration is to enhance the safety
of the community by reducing the incidence of criminal acts by persons
previously convicted.

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 5. This is of course not to say that probation should be used in all cases, or
that it will always produce better results.
6. By the same token, however, it is to say that probation is a good bit more
than the “matter of grace” or “leniency” which characterizes the
philosophy of the general public and of many judges and legislators on the
subject.
7. Imprisonment as a sole cure for prevalence of crime is no longer
recognized.
8. It is generally conceded that probation is a matter of privilege to be
granted or refused at the discretion of the State.
9. No violation should result in automatic revocation.
10. A judge should not pass judgment on a man without a post sentence
investigation report (PSIR).

BENEFITS OF PROBATION

a. Probation protects society

1. From the excessive costs of detention
2. From the high rate of recidivism of detained offenders

b. Probation protects the victim

1. It provides restitution
2. It preserves justice

c. Probation protects the family

1. It does not deprive the wife and children of a husband and a father
2. It maintains the unity of the home

d. Probation assists the government

1. It reduces the population of prisons and jails
2. It lessens the clogging of courts
3. It lightens the load of prosecutors
4. It sustains law enforcement

e. Probation helps the offender

1. It maintains his earning power
2. It provides rehabilitation in the community
3. It restores his dignity

f. Probation justifies the philosophy of men

1. That life is sacred
2. That all men deserve a second chance
3. That an individual can change
4. That society has a moral obligation to lift the fallen

ADVANTAGES OF PROBATION

a. Probation prevents crime by offering freedom and aid only to

those offenders who are not likely to assault the society
again.
b. It protects the society by placing under close supervision
non-dangerous offenders while undergoing treatment and
rehabilitation in the community.

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 c. It conforms to modern humanistic trends in penology.
d. It prevents youthful or first time offenders from turning into
hardened criminals.
e. It is a measure of cutting enormous expense in maintaining
jails.
f. It reduces recidivism and overcrowding in jails and prisons.
g. It reduces the burden on the police forces and institutions of
feeding and guarding detainees.
h. It gives the first and light offenders a second chance in life
and provides as opportunity for the reformation of a penitent
offender.
i. It makes the offender productive or taxpayers instead of tax
eaters.
j. It restores to successful probationers his civil rights.
k. It has been proven effective in developing countries that
have adopted it.

SUSPENSION OF EXECUTION OF SENTENCE

The court convicts and sentences the defendant but the execution of the
sentence, whether it imposes a term of imprisonment or a fine only, is suspended
and the defendant is released on probation.

PROBATION IS ONLY A PRIVILEGE, NOT A RIGHT

Probation is not demandable as a matter of right. It is a privilege. Its grant

depends upon the discretion of the court.

NECESSITY OF APPLICATION

Probation may not be granted except upon application of the defendant.

TIME FOR APPLICATION

The law says that the application for probation should be made within the
period for perfecting an appeal, or within fifteen (15) days from promulgation of
notice of judgment.

EFFECT ON APPEAL

The filing of application (for probation) shall be deemed a waiver of the

right to appeal. In such case the accused cannot, even by withdrawing his
application for probation, reinstate his appeal or right to appeal.

EFFECT ON MOTION FOR RECONSIDERATION OR NEW TRIAL

There is nothing in the Probation Law which indicates that the defendant ’s
right to move for a reconsideration of the judgment of conviction, or his right to
ask for new trial, is waived or suspended by his application for probation, or that
such application has the effect of an automatic withdrawal of a pending motion
for reconsideration or new trial, although there is likewise nothing in the law
which suggests that the filing of the application for probation interrupts the
running of the period for reconsideration or new trial.

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FORM OF APPLICATION

The law does not prescribe any particular form and therefore it may be in
any form, written or oral. For recording purposes, however, oral applications
should be reduced to writing.

POST SENTENCE INVESTIGATION

The Probation Law provides that “n o person shall be placed on probation

except upon prior investigation by the probation officer and a determination by
the court that the ends of justice and the best interest of the public as well as that
of the defendant will be served thereby".

The probation officer shall submit to the court the investigation report on
an applicant not later than sixty (60) days from receipt of the order of the said
court to conduct the investigation.

The court shall resolve the petition for probation not later than fifteen
(15) days after receipt of said order.

DENIAL OF PROBATION TO DISQUALIFIED OFFENDER WITHOUT PRIOR

INVESTIGATION
However, there is nothing in the law which requires that such an
investigation should be conducted in every case as an essential condition before
the court may deny an application for probation.

COURT MAY ORDER INVESTIGATION SO LONG AS APPLICANT IS NOT

SERVING SENTENCE

If there is an application and the defendant does not appear to be

disqualified, the court may order such investigation only after a sentence of
conviction by the trial court for the reason that the same would be premature if
made prior to said conviction, considering that the judgment might eventually be
an acquittal or, even if it be conviction, the court might find as a fact in its
decision that the defendant is a disqualified offender, in either of which cases the
order for investigation would serve no purpose.

POST SENTENCE INVESTIGATION, NOT PRE-SENTENCE INVESTIGATION

Under our Probation Law, the investigation for probation is a post-

sentence, not pre-sentence investigation; meaning that the investigation is after,
not before, the sentence. The sentence referred to is the sentence of the trial
court.

SCOPE OF INVESTIGATION

The inquiry should be a thorough investigation into the character,

antecedents, and environment, mental and physical condition of the offender,
and available institutional and community resources, as well as all other matters
bearing the following questions:

(a) Whether or not the offender is in need of correctional

treatment that can be provided most effectively by his
commitment to an institution;
(b) Whether or not there is undue risk that during the period of
probation the offender will commit another crime;

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 (c) Whether or not probation will depreciate the seriousness of
the offense committed.

NO RIGHT TO COUNSEL

The Probation Law has no provision guaranteeing the right to counsel in

the investigation of a petitioner. The constitutional guarantee of right to counsel
will not apply because the investigation by the probation and parole officer is
neither prosecutory nor accusatory in character.

PRIVILEGE AGAINST SELF-INCRIMINATION NOT AVAILABLE

The information contained in the post-sentence investigation report shall

be “privileged” and could not be used as evidence against any person, no matter
how incriminating the information may be.

NO SUBPOENA POWERS

Probation and parole officer are not clothed with subpoena powers under
the Probation Law. There is nothing to prevent them, however, from requesting
the court to issue subpoenas requiring the attendance of witnesses in their
investigations.

SUBMISSION OF INVESTIGATION REPORT

The investigation report having been completed, the Chief Probation and
Parole Officer should submit his report to the court, “not later than 60 days
from receipt of the order of the court to conduct the investigation”. The
same period is merely directory, not mandatory, in the sense that an investigation
report submitted after 60 days would still be a valid report.

NO COPY OF REPORT FOR APPLICANT

The investigation report as well as the supervision history “shall be

privilege and shall not be disclosed directly or indirectly to anyone other than the
Parole and Probation Administration or the court concerned.

NO RIGHT OF APPLICANT TO COMMENT ON REPORT

There is nothing in the Probation Law which entitles the applicant to

submit any comment, or demand that the court should consider the same.

HEARING NOT REQUIRED

There is nothing in the Probation Law which requires the court to set for
hearing the investigation report or the application for probation, although it may of
course, in its discretion do so, preserving at all times, however, the confidentiality
of the report.

The court is mandated to resolve the petition for probation not later than
15 days after receipt of the investigation report. The period, however, seem to be
merely directory, not mandatory.

BAIL OR RECOGNIZANCE PENDING PETITION FOR PROBATION

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 Pending submission of investigation report and the resolution of the
petition for probation, the defendant may be allowed temporary liberty under his
bail filed in the criminal case. In case no bail was filed or the defendant is
incapable of filing one, the court may allow the release of the defendant on
recognizance to the custody of a responsible member of the community who
shall guarantee his appearance whenever required by the court.

GRANT OR DENIAL OF PROBATION

PROBATION DISCRETIONARY

Barring disqualified offenders, the grant or denial of probation is a matter

of discretion on the part of the court.

ISSUANCE OF PROBATION ORDER

A probation order shall take effect upon its issuance, at which time the
court shall inform the offender of the consequences thereof and explain that upon
his failure to comply with any of the conditions prescribed in the said order or his
commission of another offense, he shall serve the penalty impose for the offense
under which he was placed for probation. In the event that violation of any of the
conditions of probation is established, the court need not revoke the probation; it
has the discretion to revoke or continue the probation and modify the conditions
thereof.

APPLICANT MAY REJECT GRANT OF PROBATION

The law does not oblige the defendant to accept the probation granted by
the court. He should be allowed to turn down the same grant, especially since he
might feel that the terms and conditions thereof are too onerous for him.

GRANT OR DENIAL OF PROBATION NOT APPEALABLE BUT CERTIORARI

MAY LIE

CIVIL LIABILITY NOT AFFECTED

Probation is a substitute for imprisonment (including subsidiary

imprisonment in case of non-payment of fine) and other criminal penalties, not a
mode of discharging the civil liability, which is owed not to the State but to the
offended party.

COVERAGE OR SCOPE OF APPLICATION OF DECREE

A. Non-offenders not covered

Consistently with the concept and purpose of probation, the
Decree applies only to offenders.

B. Offenders covered
The Decree declares, “it shall apply to all offenders ”.

C. Offenders who are excluded

Not all offenders, however, fall within its coverage:

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 1. It expressly excludes from its operation “those entitled to the benefits of
PD 603, as amended (otherwise known as the Child and Youth Welfare
Code) and similar laws.
2. Even if the offender does not fall under the terms of the Child and Youth
Welfare Code and the “similar laws” just mentioned, he would not be
entitled to the Benefits of the Decree if he has not been convicted and
sentenced.
3. An offender who is already serving sentence or is otherwise specifically
disqualified under Sec. 9.
4. Under Sec. 264, BP 881 as amended by BP 882, 883 and 884, which
state, “any person found guilty of any election offense under this code
shall be punished with imprisonment of not less than 1 year but not more
than 6 years and shall not be subject to probation.
5. Sec. 9, Pd 1987 (An Act creating the Videogram Regulatory Board, dated
October 5, 1985) states “The provisions of PD 968, as amended shall not
apply in cases of violations of this Decree, including its implementing rules
and regulations.
6. Sec. 12 of the Wage Rationalization Act (RA 6727) provides that the
violators of the law shall not be entitled to the benefits of the Probation
Law.

DISQUALIFIED OFFENDERS

Sec. 9. Disqualification Offenders – The benefits of this Decree shall not be

extended to those:
(a) sentenced to serve a maximum term of
imprisonment of more than six years;
(b) convicted of subversion or any crime against the
national security or public order;
(c) who have previously been convicted by final
judgment of an offense punished by imprisonment of
not less than one month and one day and/or a fine
of not less than Two Hundred Pesos;
(d) who have been once on probation under the
provisions of this Decree; and
(e) who are already serving sentence at the time the
substantive provisions of this Decree became
applicable pursuant to Sec. 33 hereof

When the court must deny probation

The court shall deny an application for probation whenever it finds

that:

a. the offender is in need of correctional treatment that can be

provided most effectively by his commitment to an institution;
b. there is undue risk that during the period of probation the
offender will commit another crime;
c. probation will depreciate the seriousness of the offense
committed.

PERIOD OF PROBATION

a. The period of probation of a defendant sentenced to a term

of imprisonment of not more than one (1) year shall not
exceed two (2) years, and in all other cases, said period
shall not exceed six (6) years.

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 b. When the sentence imposes a fine only and the offender is
made to serve a subsidiary imprisonment in case of
insolvency, the period of probation shall not be less than
nor more than twice the total number of days of
subsidiary imprisonment as computed in the rate
established in Art. 39 of the Revised Penal Code, as
amended.

CONDITIONS OF PROBATION

1. General or Mandatory Conditions

(a) Present himself to the probation (and parole) officer designated to

undertake his supervision at such place as may be specified in the
order within 72 hours from receipt of said order;

(b) Report to the probation (and parole) officer at least once a month
at such time and place as specified by the said officer.

2. Special or Discretionary Conditions

The court may also require the probationer to:

(a) cooperate with the program of supervision;

(b) meet his family responsibilities;
(c) devote himself to specific employment and not to change said
employment without prior written approval of the probation (and
parole) officer;
(d) undergo medical, psychological or psychiatric examination and
treatment and enter and remain in a specified institution, when
required for the purpose;
(e) pursue a prescribed secular study or vocational training;
(f) attend or reside in a facility established for instruction, recreation
or residence of persons on probation;
(g) refrain from visiting houses of ill-repute;
(h) abstain from drinking intoxicating beverages to excess;
(i) permit the probation (and parole) officer or an authorized social
worker to visit his home and place of work;
(j) reside at premise approved by it and not to change his residence
without its prior written approval; or
(k) satisfy any other condition related to the rehabilitation of the
defendant and not unduly restrictive of his liberty or incompatible
with his freedom of conscience

MODIFICATION OF PERIOD AND CONDITIONS OF PROBATION

A. Period of probation
The period of probation may either be shortened or made
longer, but not to exceed the period set in the law.

B. Conditions of probation
During the period of probation, the court may, upon
application of either the probationer or the probation officer,
revise or modify the conditions of probation.

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 The court shall inform in writing the probation
officer and the probationer of any change in the period
and conditions of probation.

REVOCATION OF PROBATION

A. Concept of violation of probation

“A violation of probation shall be understood to mean
any act or any commission on the part of the
probationer with respect to the terms and conditions
specified in the probation order.

B. Arrest of the probationer

At any time during probation, the court may issue a
warrant for the arrest of the probationer for violation of
any of the conditions of probation.

TERMINATION OF PROBATION

A. After the period of probation and upon consideration of the report and
recommendation of the probation and parole officer, the court may order the
final discharge of the probationer upon finding that he has fulfilled the terms
and conditions of his probation and thereupon the case is deemed
terminated.

B. Other ways of terminating probation:

1. Termination before the expiration of the period
2. Termination by pardon of the probation
3. Deportation of the probationer
4. Death of the probationer

C. Effect of final discharge

The final discharge of the probationer shall operate to restore to him all civil
rights lost or suspended as a result of his conviction and to fully discharge
his liability for any fine imposed as to the offense for which probation was
granted.

CONFIDENTIALITY OF RECORDS

The probation records may be found, firstly, in the court concerned.

Secondly, in the office of the Chief Probation and Parole Officer assigned in the
city or province. Thirdly and fourthly, copies of these records are being forwarded
to the Regional Parole and Probation Office and the Parole and Probation
Administration (Central Office).

OTHER FORMS OF NON-INSTITUTIONAL CORRECTIONS

EXECUTIVE CLEMENCY

14
 - collective term for absolute pardon, conditional pardon and
commutation of sentence

PARDON

- an act of grace proceeding from the power entrusted with the

execution of the laws which exempts the individual on whom it is
bestowed from the punishment that the law inflicts for a crime he has
committed; pardoning power is exercised by the President
Pardon
is a form of executive clemency which is exercised by the Chief
Executive. It is an act of grace and the recipient of pardon is not entitled to
it as a matter of right. The exercise of pardon is vested in the Executive, is
discretionary and is not subject to review by the courts. Neither does the
Legislative Branch of the government have the right to establish conditions
nor provide procedures for the exercise of clemency.

History of Pardon

The exercise of the pardoning power has always been vested in the hands of
the executive branch of the government, whether King, Queen, President or
Governor. Pardon dates back to the pre-Christian era. in fact the bible contains
an illusion where a criminal was released and pardoned by the King at the time
Christ was crucified.

In England, pardon was developed out of the conflict between the King and
the Nobles who threatened their powers. Pardon was applied to members of the
Royal family who committed crimes, and occasionally to those convicted of
offenses against the royal power. It was the general view that the pardoning
power was the exclusive prerogative of the King. In England today the power to
extend pardon is vested in the Queen upon advice of the Minister of the Interior.

In the United States, pardoning among the early American colonists was a carry-
over of the English practice. The pardoning power was exercised by the Royal
governor through the power delegated by the King. After the declaration of
Independence, the Federal and state constitutions vested the pardoning power
on the President of the United States and the Governor in federal and state
cases, respectively.

In the Philippines, the pardoning power is vested in the Prime Minister by

Article IX, Section14 of the Philippine Constitution which states:

“The Prime Minister shall have the power to grant reprieves , commutations,
and pardons, and remit fine and forfeitures, after convictions for all offenses,
except cases of impeachment, upon such conditions and with such restrictions
and limitations as he may deem proper to impose. He shall have the power to
grant amnesty with the concurrence of the Congress. “

KINDS OF PARDON

1) ABSOLUTE PARDON - the extinction of the criminal liability of the

individual to whom it is granted without any condition and restores to
the individual his civil rights

15
The purposes of this kind of pardon are-

a. TO DO AWAY WITH THE MISCARRIAGE OF JUSTICE.

Under the present method of judicial procedure justice is not guaranteed.

It is possible to convict innocent person as it is possible for criminals to escape
the hands of justice. When an innocent convict has no more recourse through
courts, the remedy is absolute pardon. The power of the President or Prime
Minister to pardon offenders on the grounds of innocence is rarely exercised
because the criminal procedures are liberal in granting a new trial in the case of
an offender has no more legal remedy will pardon of this nature be given. If so
exercised, absolute pardon is granted after an exhaustive investigation is
conducted and upon recommendation of the Secretary of Justice.

b. TO KEEP PUNISHMENT ABREAST WITH THE CURRENT

PHILOSOPHY, CONCEPT OR PRACTICE OF CRIMINAL JUSTICE
ADMINISTRATION.

A criminal act, because of changing scheme of social values, may become

non-criminal at a later date. Therefore, persons serving imprisonment at the time
of the repeal of the law abolishing the crime may be extended absolute pardon.
For example, a person serving imprisonment for black-marketing of gasoline
when this commodity was rationed, may after the repeal of the law on black-
marketing be extended absolute pardon.

c. TO RESTORE FULL POLITICAL AND CIVIL RIGHTS OF PERSONS

WHO HAVE ALREADY SERVED THEIR SENTENCE AND HAVE
WAITED THE PRESCRIBED PERIOD.

The greatest number of application for absolute pardon come from ex-
prisoners who desire to be restored their political and civil rights. In the
Philippines, the Office of the President laid down the policy to grant absolute
pardon to ex-prisoners ten years from the date of their release from prison.
Recently the policy was relaxed, thereby shortening the waiting period of five
years. The waiting period is required to give the offender an opportunity to
demonstrate that he has established a new pattern of conduct.

2) CONDITIONAL PARDON

The extinction of the criminal liability of an individual, within certain limits

or conditions, from the punishment which the law inflicts for the offense he has
committed

Conditional Pardon serves the purpose of releasing, through executive

clemency, a prisoner who is already reformed or rehabilitated but who can not be
paroled because the parole law does not apply to him. Thus a prisoner serving a
determinate sentence or life imprisonment is excluded from the benefits of the
parole law. However, when this prisoner has already been reformed, he may be
released on conditional pardon.

EFFECTS OF PARDON

1) It removes penalties and disabilities and restores full civil and political
rights;

16
 2) It does not discharge the civil liability of the convict to the individual he
has wronged, as the President has no power to pardon a private
wrong;
3) It does not restore offices, property or rights vested in others in
consequence of the conviction. Under our law, a pardon shall not work
the restoration of the right to hold public office or the right of suffrage
unless such rights be expressly restored by the terms of the pardon.

LIMITATIONS UPON THE PARDONING POWER

1) It may not be exercised for offenses in impeachment cases;

2) It may be exercised only after conviction by final judgment;
3) It may not be exercised over civil contempt; and
4) In case of violation of election law or rules and regulations, no pardon,
parole or suspension of sentence may be granted without the
recommendation of the Commission on Elections.

It is an elementary principle in political law that pardon can only be given after
final conviction. Cases pending trial or an appeal are still within the exclusive
jurisdiction of the courts; hence, pursuant to the theory of separation of powers,
the Chief Executive has no jurisdiction over the accused.

ELIGIBILITY FOR CONDITIONAL PARDON

He must have served at least one half (1/2) of the minimum of his
indeterminate sentence or the following portions of his prison sentence:

- at least two (2) years of the minimum sentence if convicted of Murder or

Parricide but not sentenced to Reclusion Perpetua
- at least one (1) year of the minimum sentence if convicted of Homicide
- at least nine (9) months if convicted of Frustrated Homicide
- at least six (6) months if convicted of Attempted Homicide

Nature of Conditional Pardon\

Conditional pardon is in the nature of a contract, so that it must first be

accepted by the recipient before it takes effect. The pardonee is under obligation
to comply strictly with the conditions imposed therein; otherwise, his non-
compliance will result to the revocation of the pardon. (Art. 95, RPC). If the
pardonee violates any of the conditions of his pardon, he will be prosecuted
criminally as a pardon violator. Upon convictions, the accused will be sentenced
to serve an imprisonment of prison correctional. However, if the penalty remitted
by the granting of such pardon be higher than six years, the pardonee will be
made to serve the unexpired porion of his original sentence. (Art. 159, RPC)

How Conditional Pardon is Given

Conditional Pardon may be commenced by a petition filed by the prisoner,

his family or relative, or upon the recommendation of the prison authorities. The
petition or request is processed by the Board of Pardons and Parole. T he Board
shall determine if the prisoner has served a sufficient portion of his sentence; his
release is not inimical to the interest of the community; and that there is likelihood
that the offender will not become a public charge and will not recidivate in crime.
If all these factors are favorable, then the Board will endorse the petition
favorably to the President. If the case is premature, the petitioner is so informed.

17
SOME GUIDES IN PARDON SELECTION

IN DETERMINING THE FITNESS OF A PRISONER FOR RELEASE ON

CONDITIONAL PARDON, THE FOLLOWING POINTS SHALL BE
CONSIDERED AS GUIDES.

a. The political, organizational or religious affiliation of the prisoner should be

disregarded.
b. Due ( but not undue ) regard should be given the attitude of the people in
the community from which he was sentenced.
c. The judicial history of the case should be carefully investigated.
d. The background of the prisoner before he was committed to prison – social,
economic, psychological and emotional backgrounds – should be carefully
investigated.

CONDITIONAL PARDON DISTINGUISHED FROM PAROLE.

The purpose of conditional pardon and parole is the same – the release of a
prisoner who is already reformed in order that he can continue to serve his
sentence outside of the institution, thus giving him the opportunity to gradually
assume the responsibilities of a free man. Both releases are subject to the same
set of conditions will subject the parolee or pardonee to be recommitted to prison.
The only difference between the two is the granting authority. In parole the
granting authority is the Board of Pardons and Parole, while in conditional
pardon, the granting authority is the President.

CONDITIONS OF PARDON

In the Philippines, the pardonee is given the same set of rules or conditions as
the parolee. Among the conditions usually imposed on pardonees and parolees
are the following:

a. That he shall live in his parole residence and shall not change his
residence during the period of his parole without first obtaining the consent
of the Board of Pardons and Parole. If the parolee or pardonee leaves the
parole jurisdiction temporarily, he needs not get the permission of the
Board, although he may so inform his parole officer (Municipal Judge) of
his whereabouts.

b. That he shall report to the Municipal Judge ( of the town where he will
reside ) or to such officer as may be designated by the Executive Officer
of the Board of Pardons and Parole during the first year once a month
and, thereafter, once every two months or as often as he may be required
by said officer.

c. That he shall not indulge in any injurious or vicious habits, and shall avoid
places or persons of disreputable or harmful character.

d. That he shall permit the Provincial Commander, Philippine Constabulary

or any officer designated by the Executive Officer of the Board to visit him
at reasonable times at his place of abode or elsewhere and shall truthfully
answer any reasonable inquiries concerning his conduct or conditions.
e. That he shall not commit any crime and shall conduct himself in an orderly
manner.

18
 f. That he shall pay not less than P50.00 a month to the cashier of the
Department of Justice in payment of the indemnity imposed upon him.

g. That he shall comply with such orders as the Board or its Executive Officer
may from time to time make.

ABUSE OF THE PARDON POWER AND ITS SAFEGUARDS.

The power vested on the President by the Constitution to grant pardon is very
broad and exclusive. it is not subject to review by the courts. Neither does
congress have the right to establish conditions nor provide procedure for the
exercise of pardon.

Under these circumstances, it is therefore possible that his power can be

abused by unscrupulous Chief Executives. In fact, nearly every presidential
election the alleged abuse of the pardoning power has come up as campaign
issue against the incumbent President. The truth of the charge has never been
investigated, but the fact that the alleged anomaly is aired publicly is an
indication that the power to grant pardon may be abused.

There are certain safeguards, however, against the abuse of the pardoning
power. First is the constitutional provision that the President may be impeached
for a willful violation of the Constitution. This is enough deterrent for the Chief
Executive to abuse this power. Second, is the policy of the Office of the Chief
Executive, ever since the time of the American Governors General, to approve
pardon cases which are favorably recommended by the Board of Pardons and
Parole. Although this policy does not wholly bind the President, seldom, if ever,
has it been disregarded?

IS PARDON NECESSARY IN OUR PENAL SYSTEM?

Judges are human beings and are therefore apt to commit errors. It is
possible for an innocent to get convicted as it is possible for a criminal to escape
the hands of justice. An innocent man may not be able to present evidence to
prove his innocence, or may not have the money to hire a good counsel. Many of
our penal laws are outmoded and are not longer kept abreast with current trends
of criminal justice administration. Judges are limited by laws to the use of
discretion they may exercise in any given case. Under any of the above
circumstances, an injustice may result, which can only be remedied by the
exercise of pardon.

Ideally, all releases should be by parole. Society can only be sufficiently

protected against the ex-prisoner if the latter is released through parole or
conditional pardon. Unfortunately, not all sentences are indeterminate so that
some prisoners are deprived of the privilege of parole. Therefore, pardon is
necessary for the prisoners who do not fall under the parole law.

DIFFERENCES BETWEEN AMNESTY AND PARDON.

Pardon includes any crime and is exercised individually by the Chief

Executive, while amnesty is a blanket pardon granted to a group of prisoners,
generally political prisoners.

Pardon is exercised when the person is already convicted while amnesty

may be given before trial or investigation is had.

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COMMUTATION OF SENTENCE

- an executive clemency changing a heavier sentence to a less serious one,

or a longer prison term to a shorter one

ELIGIBILITY FOR COMMUTATION OF SENTENCE

He must have served at least one third (1/3) of the minimum of his
indeterminate sentence or the following portions of his prison sentence consisting
of Reclusion Perpetua:

- at least ten (10) years if convicted of Robbery with Homicide, Robbery

with Rape, or Kidnapping with Murder
- at least eight (8) years if convicted of Simple Murder, Parricide, Rape or
Violation of anti-drug laws
- at least twelve (12) years if given two or more sentences of Reclusion
Perpetua
- at least twenty (20) years in case of two (2) sentences for Reclusion
Perpetua, provided that at least one (1) of the sentences had been
automatically commuted from a death sentence

REPRIEVE

- the postponement of the execution of a death sentence

AMNESTY
- an act of the sovereign power granting oblivion or general pardon for a
past offense usually granted in favor of certain classes of persons who
have committed crimes of a political character, such as treason, sedition
or rebellion

PAROLE

- a method by which a prisoner who has served a portion of his sentence is

conditionally released but remains in legal custody, the condition being
that in case of misbehavior, he shall be imprisoned

ELIGIBILITY FOR PAROLE

A prisoner shall be eligible for the grant of parole upon showing that he is
confined in jail or prison to serve an indeterminate prison sentence, the maximum
period of which exceeds one (1) year, pursuant to final judgment of conviction
and that he has served the minimum period of said sentence less the good
conduct time allowance earned.

GOOD CONDUCT TIME ALLOWANCE

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 - the statutory shortening of the maximum sentence of an inmate because
of good behavior; granted by the Director of Prisons

ALLOWANCE FOR GOOD CONDUCT TIME ALLOWANCE

The good conduct of any prisoner in any penal institution shall entitle him
to the following deductions from the period of his sentence:

first two years = 5 days deduction for each month (60 days/year)
3rd to 5th year = 8 days deduction for each month (96 days/year)
6th to 10th year = 10 days deduction for each month (120 days/year)
11th year onwards = 15 days deduction for each month (180 days/year)

APPENDIX A

21
PRESIDENTIAL DECREE No. 968 July 24, 1976

ESTABLISHING A PROBATION SYSTEM, APPROPRIATING FUNDS

THEREFOR AND FOR OTHER PURPOSES

WHEREAS, one of the major goals of the government is to establish a more

enlightened and humane correctional systems that will promote the reformation
of offenders and thereby reduce the incidence of recidivism;

WHEREAS, the confinement of all offenders prisons and other institutions with
rehabilitation programs constitutes an onerous drain on the financial resources of
the country; and

WHEREAS, there is a need to provide a less costly alternative to the

imprisonment of offenders who are likely to respond to individualized,
community-based treatment programs;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,

by virtue of the powers vested in me by the Constitution, do hereby order and
decree the following:

Section 1. Title and Scope of the Decree. This Decree shall be known as the
Probation Law of 1976. It shall apply to all offenders except those entitled to the
benefits under the provisions of Presidential Decree numbered Six Hundred and
three and similar laws.

Section 2. Purpose. This Decree shall be interpreted so as to:

(a) promote the correction and rehabilitation of an offender by providing

him with individualized treatment;

(b) provide an opportunity for the reformation of a penitent offender which

might be less probable if he were to serve a prison sentence; and

(c) prevent the commission of offenses.

Section 3. Meaning of Terms. As used in this Decree, the following shall, unless
the context otherwise requires, be construed thus:

(a) "Probation" is a disposition under which a defendant, after conviction

and sentence, is released subject to conditions imposed by the court and
to the supervision of a probation officer.

(b) "Probationer" means a person placed on probation.

(c) "Probation Officer" means one who investigates for the court a referral
for probation or supervises a probationer or both.

Section 4. Grant of Probation. Subject to the provisions of this Decree, the court

may, after it shall have convicted and sentenced a defendant and upon
application at any time of said defendant, suspend the execution of said
sentence and place the defendant on probation for such period and upon such
terms and conditions as it may deem best.

Probation may be granted whether the sentence imposes a term of imprisonment

or a fine only. An application for probation shall be filed with the trial court, with
notice to the appellate court if an appeal has been taken from the sentence of

22
conviction. The filing of the application shall be deemed a waver of the right to
appeal, or the automatic withdrawal of a pending appeal.

An order granting or denying probation shall not be appealable.

Section 5. Post-sentence Investigation. No person shall be placed on probation

except upon prior investigation by the probation officer and a determination by
the court that the ends of justice and the best interest of the public as well as that
of the defendant will be served thereby.

Section 6. Form of Investigation Report. The investigation report to be submitted

by the probation officer under Section 5 hereof shall be in the form prescribed by
the Probation Administrator and approved by the Secretary of Justice.

Section 7. Period for Submission of Investigation Report. The probation officer

shall submit to the court the investigation report on a defendant not later than
sixty days from receipt of the order of said court to conduct the investigation. The
court shall resolve the petition for probation not later than five days after receipt
of said report.

Pending submission of the investigation report and the resolution of the petition,
the defendant may be allowed on temporary liberty under his bail filed in the
criminal case; Provided, That, in case where no bail was filed or that the
defendant is incapable of filing one, the court may allow the release of the
defendant on recognize the custody of a responsible member of the community
who shall guarantee his appearance whenever required by the court.

Section 8. Criteria for Placing an Offender on Probation. In determining whether

an offender may be placed on probation, the court shall consider all information
relative, to the character, antecedents, environment, mental and physical
condition of the offender, and available institutional and community resources.
Probation shall be denied if the court finds that:

(a) the offender is in need of correctional treatment that can be provided

most effectively by his commitment to an institution; or

(b) there is undue risk that during the period of probation the offender will
commit another crime; or

(c) probation will depreciate the seriousness of the offense committed.

Section 9. Disqualified Offenders. The benefits of this Decree shall not be

extended to those:

(a) sentenced to serve a maximum term of imprisonment of more than six

years;

(b) convicted of any offense against the security of the State;

(c) who have previously been convicted by final judgment of an offense

punished by imprisonment of not less than one month and one day and/or
a fine of not less than Two Hundred Pesos;

(d) who have been once on probation under the provisions of this Decree;
and

23
 (e) who are already serving sentence at the time the substantive
provisions of this Decree became applicable pursuant to Section 33
hereof.

Section 10. Conditions of Probation. Every probation order issued by the court

shall contain conditions requiring that the probationer shall:

(a) present himself to the probation officer designated to undertake his

supervision at such place as may be specified in the order within seventy-
two hours from receipt of said order;

(b) report to the probation officer at least once a month at such time and
place as specified by said officer.

The court may also require the probationer to:

(a) cooperate with a program of supervision;

(b) meet his family responsibilities;

(c) devote himself to a specific employment and not to change said

employment without the prior written approval of the probation officer;

(d) undergo medical, psychological or psychiatric examination and

treatment and enter and remain in a specified institution, when required for
that purpose;

(e) pursue a prescribed secular study or vocational training;

(f) attend or reside in a facility established for instruction, recreation or

residence of persons on probation;

(g) refrain from visiting houses of ill-repute;

(h) abstain from drinking intoxicating beverages to excess;

(i) permit to probation officer or an authorized social worker to visit his

home and place or work;

(j) reside at premises approved by it and not to change his residence

without its prior written approval; or

(k) satisfy any other condition related to the rehabilitation of the defendant
and not unduly restrictive of his liberty or incompatible with his freedom of
conscience.

Section 11. Effectivity of Probation Order. A probation order shall take effect

upon its issuance, at which time the court shall inform the offender of the
consequences thereof and explain that upon his failure to comply with any of the
conditions prescribed in the said order or his commission of another offense, he
shall serve the penalty imposed for the offense under which he was placed on
probation.

Section 12. Modification of Condition of Probation. During the period of

probation, the court may, upon application of either the probationer or the
probation officer, revise or modify the conditions or period of probation. The court

24
shall notify either the probationer or the probation officer of the filing such an
application so as to give both parties an opportunity to be heard thereon.

The court shall inform in writing the probation officer and the probationer of any
change in the period or conditions of probation.

Section 13. Control and Supervision of Probationer. The probationer and his

probation program shall be under the control of the court who placed him on
probation subject to actual supervision and visitation by a probation officer.

Whenever a probationer is permitted to reside in a place under the jurisdiction of

another court, control over him shall be transferred to the Executive Judge of the
Court of First Instance of that place, and in such a case, a copy of the probation
order, the investigation report and other pertinent records shall be furnished said
Executive Judge. Thereafter, the Executive Judge to whom jurisdiction over the
probationer is transferred shall have the power with respect to him that was
previously possessed by the court which granted the probation.

Section 14. Period of Probation.

(a) The period of probation of a defendant sentenced to a term of

imprisonment of not more than one year shall not exceed two years, and
in all other cases, said period shall not exceed six years.

(b) When the sentence imposes a fine only and the offender is made to
serve subsidiary imprisonment in case of insolvency, the period of
probation shall not be less than nor to be more than twice the total number
of days of subsidiary imprisonment as computed at the rate established, in
Article thirty-nine of the Revised Penal Code, as amended.

Section 15. Arrest of Probationer; Subsequent Disposition. At any time during

probation, the court may issue a warrant for the arrest of a probationer for
violation of any of the conditions of probation. The probationer, once arrested
and detained, shall immediately be brought before the court for a hearing, which
may be informal and summary, of the violation charged. The defendant may be
admitted to bail pending such hearing. In such a case, the provisions regarding
release on bail of persons charged with a crime shall be applicable to
probationers arrested under this provision. If the violation is established, the court
may revoke or continue his probation and modify the conditions thereof. If
revoked, the court shall order the probationer to serve the sentence originally
imposed. An order revoking the grant of probation or modifying the terms and
conditions thereof shall not be appealable.

Section 16. Termination of Probation. After the period of probation and upon

consideration of the report and recommendation of the probation officer, the court
may order the final discharge of the probationer upon finding that he has fulfilled
the terms and conditions of his probation and thereupon the case is deemed
terminated.

The final discharge of the probationer shall operate to restore to him all civil
rights lost or suspend as a result of his conviction and to fully discharge his
liability for any fine imposed as to the offense for which probation was granted.

The probationer and the probation officer shall each be furnished with a copy of
such order.

25
Section 17. Confidentiality of Records. The investigation report and the
supervision history of a probationer obtained under this Decree shall be
privileged and shall not be disclosed directly or indirectly to anyone other than
the Probation Administration or the court concerned, except that the court, in its
discretion, may permit the probationer of his attorney to inspect the
aforementioned documents or parts thereof whenever the best interest of the
probationer make such disclosure desirable or helpful: Provided, Further, That,
any government office or agency engaged in the correction or rehabilitation of
offenders may, if necessary, obtain copies of said documents for its official use
from the proper court or the Administration.

Section 18. The Probation Administration. There is hereby created under the

Department of Justice an agency to be known as the Probation Administration
herein referred to as the Administration, which shall exercise general supervision
over all probationers.

The Administration shall have such staff, operating units and personnel as may
be necessary for the proper execution of its functions.

Section 19. Probation Administration. The Administration shall be headed by the

Probation Administrator, hereinafter referred to as the Administrator, who shall be
appointed by the President of the Philippines. He shall hold office during good
behavior and shall not be removed except for cause.

The Administrator shall receive an annual salary of at least forty thousand pesos.
His powers and duties shall be to:

(a) act as the executive officer of the Administration;

(b) exercise supervision and control over all probation officers;

(c) make annual reports to the Secretary of Justice, in such form as the
latter may prescribe, concerning the operation, administration and
improvement of the probation system;

(d) promulgate, subject to the approval of the Secretary of Justice, the

necessary rules relative to the methods and procedures of the probation
process;

(e) recommend to the Secretary of Justice the appointment of the

subordinate personnel of his Administration and other offices established
in this Decree; and

(f) generally, perform such duties and exercise such powers as may be
necessary or incidental to achieve the objectives of this Decree.

Section 20. Assistant Probation Administrator. There shall be an Assistant

Probation Administrator who shall assist the Administrator perform such duties as
may be assigned to him by the latter and as may be provided by law. In the
absence of the Administrator, he shall act as head of the Administration.

He shall be appointed by the President of the Philippines and shall receive an

annual salary of at least thirty-six thousand pesos.

Section 21. Qualifications of the Administrator and Assistant Probation

Administrator. To be eligible for Appointment as Administrator or Assistant
Probation Administrator, a person must be at least thirty-five years of age, holder

26
of a master's degree or its equivalent in either criminology, social work,
corrections, penology, psychology, sociology, public administration, law, police
science, police administration, or related fields, and should have at least five
years of supervisory experience, or be a member of the Philippine Bar with at
least seven years of supervisory experience.

Section 22. Regional Office; Regional Probation Officer. The Administration shall

have regional offices organized in accordance with the field service area patterns
established under the Integrated Reorganization Plan.

Such regional offices shall be headed by a Regional Probation Officer who shall
be appointed by President of the Philippines in accordance with the Integrated
Reorganization Plan and upon the recommendation of the Secretary of Justice.

The Regional Probation Officer shall exercise supervision and control over all
probation officer within his jurisdiction and such duties as may assigned to him by
the Administrator. He shall have an annual salary of at least twenty-four
thousand pesos.

He shall, whenever necessary, be assisted by an Assistant Regional Probation

Officer who shall also be appointed by the President of the Philippines, upon
recommendation of the Secretary of Justice, with an annual salary of at least
twenty thousand pesos.

Section 23. Provincial and City Probation Officers. There shall be at least one

probation officer in each province and city who shall be appointed by the
Secretary of Justice upon recommendation of the Administrator and in
accordance with civil service law and rules.

The Provincial or City Probation Officer shall receive an annual salary of at least
eighteen thousand four hundred pesos.

His duties shall be to:

(a) investigate all persons referred to him for investigation by the proper
court or the Administrator;

(b) instruct all probationers under his supervision of that of the probation
aide on the terms and conditions of their probations;

(c) keep himself informed of the conduct and condition of probationers

under his charge and use all suitable methods to bring about an
improvement in their conduct and conditions;

(d) maintain a detailed record of his work and submit such written reports
as may be required by the Administration or the court having jurisdiction
over the probationer under his supervision;

(e) prepare a list of qualified residents of the province or city where he is

assigned who are willing to act as probation aides;

(f) supervise the training of probation aides and oversee the latter's
supervision of probationers;

(g) exercise supervision and control over all field assistants, probation
aides and other personnel; and

27
 (h) perform such duties as may be assigned by the court or the
Administration.

Section 24. Miscellaneous Powers of Provincial and City Probation Officers.

Provincial or City Probation Officers shall have the authority within their territorial
jurisdiction to administer oaths and acknowledgments and to take depositions in
connection with their duties and functions under this Decree. They shall also
have, with respect to probationers under their care, the powers of police officer.

Section 25. Qualifications of Regional, Assistant Regional, Provincial, and City

Probation Officers. No person shall be appointed Regional or Assistant Regional
or Provincial or City Probation Officer unless he possesses at least a bachelor's
degree with a major in social work, sociology, psychology, criminology, penology,
corrections, police science, administration, or related fields and has at least three
years of experience in work requiring any of the abovementioned disciplines, or
is a member of the Philippine Bar with at least three years of supervisory
experience.

Whenever practicable, the Provincial or City Probation Officer shall be appointed

from among qualified residents of the province or city where he will be assigned
to work.

Section 26. Organization. Within twelve months from the approval of this

Decree, the Secretary of Justice shall organize the administrative structure of the
Administration and the other agencies created herein. During said period, he
shall also determine the staffing patterns of the regional, provincial and city
probation offices with the end in view of achieving maximum efficiency and
economy in the operations of the probation system.

Section 27. Field Assistants, Subordinate Personnel, Provincial or City Probation

Officers shall be assisted by such field assistants and subordinate personnel as
may be necessary to enable them to carry out their duties effectively.

Section 28. Probation Aides. To assist the Provincial or City Probation Officers in

the supervision of probationers, the Probation Administrator may appoint citizens
of good repute and probity to act as probation aides.

Probation Aides shall not receive any regular compensation for services except
for reasonable travel allowance. They shall hold office for such period as may be
determined by the Probation Administrator. Their qualifications and maximum
case loads shall be provided in the rules promulgated pursuant to this Decree.

Section 29. Violation of Confidential Nature of Probation Records. The penalty of

imprisonment ranging from six months and one day to six years and a fine
ranging from hundred to six thousand pesos shall be imposed upon any person
who violates Section 17 hereof.

Section 30. Appropriations. There is hereby authorized the appropriation of the

sum of Six Million Five Hundred Thousand Pesos or so much as may be
necessary, out of any funds in the National Treasury not otherwise appropriated,
to carry out the purposes of this Decree. Thereafter, the amount of at least Ten
Million Five Hundred Thousand Pesos or so much as may be necessary shall be
included in the annual appropriations of the national government.

Section 31. Repealing Clause. All provisions of existing laws, orders and

regulations contrary to or inconsistent with this Decree are hereby repealed or
modified accordingly.

28
Section 32. Separability of Provisions. If any part, section or provision of this
Decree shall be held invalid or unconstitutional, no other parts, sections or
provisions hereof shall be affected thereby.

Section 33. Effectivity. This Decree shall take effect upon its approval: Provided,
However, That, the application of its substantive provisions concerning the grant
of probation shall only take effect twelve months after the certification by the
Secretary of Justice to the Chief Justice of the Supreme Court that the
administrative structure of the Probation Administration and of the other agencies
has been organized.

DONE in the City of Manila, this 24th day of July in the year of Our Lord,
nineteen hundred and seventy-six.

APPENDIX B

PRESIDENTIAL DECREE NO. 1990

 
 
AMENDING PRESIDENTIAL DECREE NO. 968, OTHERWISE KNOWN AS
THE PROBATION LAW OF 1976.

WHEREAS, it has been the sad experience that persons who are
convicted of offenses and who may be entitled to probation still appeal the
judgment of conviction even up to the Supreme Court, only to pursue their
application for probation when their appeal is eventually dismissed; .

WHEREAS, the process of criminal investigation, prosecution, conviction

and appeal entails too much time and effort, not to mention the huge expenses of
litigation, on the part of the State; . 

WHEREAS, the time, effort and expenses of the Government in

investigating and prosecuting accused persons from the lower courts up to the
Supreme Court, are oftentimes rendered nugatory when, after the appellate
Court finally affirms the judgment of conviction, the defendant applies for and is
granted probation;  

WHEREAS, probation was not intended as an escape hatch and should

not be used to obstruct and delay the administration of justice, but should be
availed of at the first opportunity by offenders who are willing to be reformed and
rehabilitated;  

WHEREAS, it becomes imperative to remedy the problems

abovementioned confronting our probation system.  

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers vested in me by the Constitution, do hereby
decree:  

Section 1. Section 4 of Presidential Decree No. 968 is hereby amended to

read as follows:

"Sec. 4. Grant of Probation. — Subject to the provisions of this Decree, the trial
court may, after it shall have convicted and sentenced a defendant, and upon

29
application by said defendant within the period for perfecting an appeal, suspend
the execution of the sentence and place the defendant on probation for such
period and upon such terms and conditions as it may deem best; Provided, That
no application for probation shall be entertained or granted if the defendant has
perfected the appeal from the judgment of conviction. 

"Probation may be granted whether the sentence imposes a term of

imprisonment or a fine only. An application for probation shall be filed with the
trial court. The filing of the application shall be deemed a waiver of the right to
appeal.

"An order granting or denying probation shall not be appealable."  

Sec. 2. Section 9 of Presidential Decree No. 968 is hereby amended to read

as follows:  .
"Sec. 9. Disqualified Offenders. — The benefits of this Decree shall not be
extended to those: 

(a) sentenced to serve a maximum term of imprisonment of more than six

years;  .

(b) convicted of subversion or any crime against the national security or the

public order;

(c) who have previously been convicted by final judgment of an offense punished

by imprisonment of not less than one month and one day and/or a fine of not less
than Two Hundred Pesos. 

(d) who have been once on probation under the provisions of this Decree; and 

(e) who are already serving sentence at the time the substantive provisions of
this Decree became applicable pursuant to Section 33 hereof."  . 

Sec. 3. The provisions of Section 4 of Presidential Decree No. 968, as above

amended, shall not apply to those who have already filed their respective
applications for probation at the time of the effectivity of this Decree.  

Sec. 4. All laws, decrees, executive or administrative orders, rules and

regulations, or parts thereof, inconsistent with this Decree, are hereby repealed,
amended or modified accordingly.  

Sec. 5. This Decree shall take effect after fifteen (15) days following its
publication in the Official Gazette. 

DONE in the City of Manila, this 5th day of October, in the year of Our Lord,
nineteen hundred and eighty-five. 

APPENDIX C

PRESIDENTIAL DECREE No. 1257

30
AMENDING CERTAIN SECTIONS OF PRESIDENTIAL DECREE NUMBERED
NINE HUNDRED AND SIXTY-EIGHT, OTHERWISE KNOWN AS THE
PROBATION LAW OF 1976

WHEREAS, the need to strengthen certain provisions of Presidential Decree No.

968, otherwise known as the Probation Law of 1976, has surfaced in the
nationwide seminars which introduced said law to judges, fiscals and private law
practitioners;

WHEREAS, meeting such need would better ensure the achievement of its
laudable objectives;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of

the Philippines, by virtue of the powers vested in me by the Constitution, do
hereby order and decree as follows:

Section 1. Section 4 of Presidential Decree No. 968, otherwise known as the

Probation Law of 1976, is hereby amended to read as follows:

"Sec. 4. Grant of Probation. Subject to the provisions of this Decree, the court
may, after it shall have convicted and sentenced a defendant but before he
begins to serve his sentence and upon his application, suspend the execution of
said sentence and place the defendant on probation for such period and upon
such terms and conditions as it may deem best.

The prosecuting officer concerned shall be notified by the court of the filling of the
application for probation and he may submit his comment on such application
within ten days from receipt of the notification.

Probation may be granted whether the sentence impose a term of imprisonment

or a fine with subsidiary imprisonment in case of insolvency. An application for
probation shall be filed with trial court, with notice to appellate court if an appeal
has been taken from the sentence of conviction. The filling of the application shall
be deemed a waiver of the right to appeal, or the automatic withdrawal of a
pending appeal. In the latter case however, if the application is filed on or after
the date of the judgment of the appellate court.

An order granting or denying probation shall not be appealable."

Section 2. The first paragraph of Section 7 of the same Decree is hereby

amended to read as follows:

"Sec. 7. Period for Submission of Investigation Report. The probation officer shall
submit to the court the investigation report on a defendant not later than sixty
days from receipt of the order of said court to conduct the investigation. The court
shall resolve the application for probation not later than fifteen days after receipts
of said report."

Section 3. Section 15 of the same Decree is hereby amended to read as follows:

"Sec. 15. Arrest and Probationer; Subsequent Disposition. At any time during
probation, the court may issue a warrant for the arrest of a probationer for any
serious violation of the conditions of probation. The probationer, once arrested
and detained, shall immediately be brought before the court for a hearing of the
violation charged. The defendant may be admitted to bail pending such hearing.
In such case, the provisions regarding release on bail of persons charged with a
crime shall be applicable to probationers arrested under this provision.

31
In the hearing, which shall be summary in nature, the probationer shall have the
right to be informed of the violation charged and to adduce evidence in his favor.
The court shall not be bound by the technical rules of evidence but may be
inform itself of all the facts which are material and relevant to ascertain the
veracity of the charge. The State shall be represented by a prosecuting officer in
any contested hearing. If the violation is established, the court may revoke or
continue his probation and modify conditions thereof. If revoked, the court shall
order the probationer to serve the sentence originally imposed. An order revoking
the grant of probation or modifying the terms and conditions thereof shall not be
appealable."

Section 4. Section 33 of the same Decree is hereby amended to read as follows:

"Sec. 33. Effectivity. This Decree shall take effect upon its approval: Provided,
However, That the application of its substantive provisions concerning the grant
of probation shall only take effect on January 3, 1978."

Section 5. This Decree shall take effect immediately.

Done in the City of Manila, this 1st day of December, in the year of Our Lord,
nineteen hundred and seventy-seven.

APPENDIX D

BATAS PAMBANSA BILANG 76

AN ACT AMENDING PRESIDENTIAL DECREE NUMBERED NINE HUNDRED

SIXTY-EIGHT, AS AMENDED, OTHERWISE KNOWN AS THE PROBATION
LAW OF NINETEEN HUNDRED AND SEVENTY-SIX, SO AS TO EXPAND ITS
COVERAGE.

Section 1.  Section nine of Presidential Decree Numbered Nine hundred sixty-

eight, as amended by Presidential Decree Numbered Twelve hundred and fifty-
seven, is hereby further amended to read as follows:  chanrobles virtual law
library

"Sec. 9.  Disqualified Offenders. — The benefits of this Decree shall not be

extended to those:

"(a)  sentenced to serve a maximum term of imprisonment of more than six years

and one day; 

"(b) Convicted of any offense against the security of the State

"(c)  who have previously been convicted by final judgment of an offense

punished by imprisonment of not less than one month and one day and/or a fine
of not less than Two Hundred Pesos; and 

"(d) Who have been once on probation under the provisions of this Decree."
 
Sec. 2.  Notwithstanding the provision of the Probation Law of 1976, any person
sentenced to maximum penalty of six years and one day on January 3, 1978 and
thereafter may be placed on probation upon his application therefor with the court

32
of origin. However, such person serving sentence at the effectivity of this Act
shall remain in jail pending the approval of his application. 

Sec. 3.  This Act shall take effect upon its approval. 

Approved: June 13, 1980

APPENDIX E

ACT NO. 4103

(As Amended by Act No. 4225 and Republic Act No. 4203 [June 19, 1965])
 
 

AN ACT TO PROVIDE FOR AN INDETERMINATE SENTENCE AND PAROLE

FOR ALL PERSONS CONVICTED OF CERTAIN CRIMES BY THE COURTS
OF THE PHILIPPINE ISLANDS; TO CREATE A BOARD OF INDETERMINATE
SENTENCE AND TO PROVIDE FUNDS THEREFOR; AND FOR OTHER
PURPOSES.

Section 1. Hereafter, in imposing a prison sentence for an offense punished by

the Revised Penal Code, or its amendments, the court shall sentence the
accused to an indeterminate sentence the maximum term of which shall be that
which, in view of the attending circumstances, could be properly imposed under
the rules of the said Code, and the minimum which shall be within the range of
the penalty next lower to that prescribed by the Code for the offense; and if the
offense is punished by any other law, the court shall sentence the accused to an
indeterminate sentence, the maximum term of which shall not exceed the
maximum fixed by said law and the minimum shall not be less than the minimum
term prescribed by the same.  

Sec. 2. This Act shall not apply to persons convicted of offenses punished with
death penalty or life-imprisonment; to those convicted of treason, conspiracy or
proposal to commit treason; to those convicted of misprision of treason, rebellion,
sedition or espionage; to those convicted of piracy; to those who are habitual
delinquents; to those who have escaped from confinement or evaded sentence;
to those who having been granted conditional pardon by the Chief Executive
shall have violated the terms thereof; to those whose maximum term of
imprisonment does not exceed one year, not to those already sentenced by final
judgment at the time of approval of this Act, except as provided in Section 5
hereof. 
. 
Sec.  3. There is hereby created a Board of Pardons and Parole to be composed
of the Secretary of Justice who shall be its Chairman, and four members to be
appointed by the President, with the consent of the Commission on
Appointments who shall hold office for a term of six years: Provided, That one
member of the board shall be a trained sociologist, one a clergyman or educator,
one psychiatrist unless a trained psychiatrist be employed by the board, and the
other members shall be persons qualified for such work by training and
experience. At least one member of the board shall be a woman. Of the
members of the present board, two shall be designated by the President to
continue until December thirty, nineteen hundred and sixty-six and the other two
shall continue until December thirty, nineteen hundred and sixty-nine. In case of

33
any vacancy in the membership of the Board, a successor may be appointed to
serve only for the unexpired portion of the term of the respective members.  

Sec.  4. The Board of Pardons and Parole is authorized to adopt such rules and
regulations as may be necessary for carrying out its functions and duties. The
Board is empowered to call upon any bureau, office, branch, subdivision, agency
or instrumentality of the Government for such assistance as it may need in
connection with the performance of its functions. A majority of all the members
shall constitute a quorum and a majority vote shall be necessary to arrive at a
decision. Any dissent from the majority opinion shall be reduced to writing and
filed with the records of the proceedings. Each member of the Board, including
the Chairman and the Executive Officer, shall be entitled to receive as
compensation fifty pesos for each meeting actually attended by him,
notwithstanding the provisions of Section two hundred and fifty-nine of the
Revised Administrative Code, and in addition thereto, reimbursement of actual
and necessary traveling expenses incurred in the performance of duties:
Provided, however, That the Board meetings will not be more than three times a
week

Sec.  5. It shall be the duty of the Board of Indeterminate Sentence to look into
the physical, mental and moral record of the prisoners who shall be eligible to
parole and to determine the proper time of release of such prisoners. Whenever
any prisoner shall have served the minimum penalty imposed on him, and it shall
appear to the Board of Indeterminate Sentence, from the reports of the prisoner's
work and conduct which may be received in accordance with the rules and
regulations prescribed, and from the study and investigation made by the Board
itself, that such prisoner is fitted by his training for release, that there is a
reasonable probability that such prisoner will live and remain at liberty without
violating the law, and that such release will not be incompatible with the welfare
of society, said Board of Indeterminate Sentence may, in its discretion, and in
accordance with the rules and regulations adopted hereunder, authorize the
release of such prisoner on parole, upon such terms and conditions as are herein
prescribed and as may be prescribed by the Board. The said Board of
Indeterminate Sentence shall also examine the records and status of prisoners
who shall have been convicted of any offense other than those named in Section
2 hereof, and have been sentenced for more than one year by final judgment
prior to the date on which this Act shall take effect, and shall make
recommendation in all such cases to the Governor-General with regard to the
parole of such prisoners as they shall deem qualified for parole as herein
provided, after they shall have served a period of imprisonment not less than the
minimum period for which they might have been sentenced under this Act for the
same offense.  

Sec.  6. Every prisoner released from confinement on parole by virtue of this Act
shall, at such times and in such manner as may be required by the conditions of
his parole, as may be designated by the said Board for such purpose, report
personally to such government officials or other parole officers hereafter
appointed by the Board of Indeterminate Sentence for a period of surveillance
equivalent to the remaining portion of the maximum sentence imposed upon him
or until final release and discharge by the Board of Indeterminate Sentence as
herein provided. The officials so designated shall keep such records and make
such reports and perform such other duties hereunder as may be required by
said Board. The limits of residence of such paroled prisoner during his parole
may be fixed and from time to time changed by the said Board in its discretion. If
during the period of surveillance such paroled prisoner shall show himself to be a
law-abiding citizen and shall not violate any of the laws of the Philippine Islands,
the Board of Indeterminate Sentence may issue a final certificate of release in his

34
favor, which shall entitle him to final release and discharge. chan robles virtual
law library

Sec.  7. The Board shall file with the court which passed judgment on the case,
and with the Chief of Constabulary, a certified copy of each order of conditional
or final release and discharge issued in accordance with the provisions of the
next preceding two sections. 

Sec.  8. Whenever any prisoner released on parole by virtue of this Act shall,
during the period of surveillance, violate any of the conditions of his parole, the
Board of Indeterminate Sentence may issue an order for his re-arrest which may
be served in any part of the Philippine Islands by any police officer. In such case
the prisoner so re-arrested shall serve the remaining unexpired portion of the
maximum sentence for which he was originally committed to prison, unless the
Board of Indeterminate Sentence shall, in its discretion, grant a new parole to the
said prisoner.  

Sec.  9. Nothing in this Act shall be construed to impair or interfere with the
powers of the Governor-General as set forth in Section 64(i) of the Revised
Administrative Code or the Act of Congress approved August 29, 1916 entitled
"An Act to declare the purpose of the people of the United States as to the future
political status of the people of the Philippine Islands, and to provide a more
autonomous government for those Islands." 

Sec. 10. Whenever any prisoner shall be released on parole hereunder he shall

be entitled to receive the benefits provided in Section 1751 of the Revised
Administrative Code. 

Approved: December 5, 1933

APPENDIX F

REPUBLIC ACT No. 6127

AN ACT AMENDING ARTICLE TWENTY-NINE OF THE REVISED PENAL

CODE TO GIVE FULL TIME CREDIT UNDER CERTAIN CONDITIONS TO
OFFENDERS WHO HAVE UNDERGONE PREVENTIVE IMPRISONMENT
(DETENTION PRISONERS) IN THE SERVICE OF THEIR SENTENCES.

Section 1. Article 29 of the Revised Penal Code is hereby amended to read as

follows:

"Art. 29. Period of preventive imprisonment deducted from term of imprisonment.

Offenders who have undergone preventive imprisonment shall be credited in the
service of their sentence consisting of deprivation of liberty, with the full time
during which they have undergone preventive imprisonment, if the detention
prisoner agrees voluntarily in writing to abide by the same disciplinary rules
imposed upon convicted prisoners, except in the following cases:

1. When they are recidivists, or have been convicted previously twice or

more times of any crime; and

2. When upon being summoned for the execution of their sentence they
have failed to surrender voluntarily;

35
"If the detention prisoner does not agree to abide by the same disciplinary rules
imposed upon convicted prisoners, he shall be credited in the service of his
sentence with four-fifths of the time during which he has undergone preventive
imprisonment."

Section 2. This Act shall take effect upon its approval.

Approved: June 17, 1970

APPENDIX G

BATAS PAMBANSA BILANG 85

AN ACT AUTHORIZING THE RELEASE OF ANY OFFENDER OR ACCUSED

WHO HAS UNDERGONE PREVENTIVE IMPRISONMENT EQUAL TO OR
MORE THAN THE POSSIBLE MAXIMUM IMPRISONMENT TO WHICH HE
MAY BE SENTENCED BY AMENDING THE REVISED PENAL CODE.

Section 1.  Article twenty-nine of Public Act Numbered Thirty-eight hundred and

fifteen, otherwise known as the Revised Penal Code, as amended by Republic
Act Numbered Sixty-one hundred and twenty-seven, is further amended to read
as follows:

"Art. 29.  Period of preventive imprisonment deducted from term of imprisonment.

— Offenders or accused who have undergone preventive imprisonment shall be
credited in the service of their sentence consisting of deprivation of liberty, with
the full time during which they have undergone preventive imprisonment, if the
detention prisoner agrees voluntarily in writing to abide by the same disciplinary
rules imposed upon convicted prisoners except in the following cases:

"1.  When they are recidivists, or have been convicted previously twice or more
times of any crime; and  

"2.  When upon being summoned for the execution of their sentence they have
failed to surrender voluntarily.

"If the detention prisoner does not agree to abide by the same disciplinary rules
imposed upon convicted prisoners, he shall be credited in the service of his
sentence with four-fifths of the time during which he has undergone preventive
imprisonment.

"Whenever an accused has undergone preventive imprisonment for a period

equal to or more than the possible maximum imprisonment of the offense
charged to which he may be sentenced and his case is not yet terminated, he
shall be released immediately without prejudice to the continuation of the trial
thereof or the proceeding on appeal, if the same is under review unless he is
detained by virtue of an arrest, search and seizure order (ASSO). In case the
maximum penalty to which the accused may be sentenced is destierro, he shall
be released after thirty (30) days of preventive imprisonment."

Sec. 2.  This Act shall take effect upon its approval. 

36
 Approved: September 20, 1980

APPENDIX H

[REPUBLIC ACT NO. 10592]

AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS
AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

SECTION 1. Article 29 of Act No. 3815, as amended, otherwise known as the

Revised Penal Code, is hereby further amended to read as follows:

“ART. 29. Period of preventive imprisonment deducted from term of

imprisonment. – Offenders or accused who have undergone preventive
imprisonment shall be credited in the service of their sentence consisting of
deprivation of liberty, with the full time during which they have undergone
preventive imprisonment if the detention prisoner agrees voluntarily in writing
after being informed of the effects thereof and with the assistance of counsel to
abide by the same disciplinary rules imposed upon convicted prisoners, except in
the following cases:

“1. When they are recidivists, or have been convicted previously twice or more
times of any crime; and

“2. When upon being summoned for the execution of their sentence they have
failed to surrender voluntarily.

“If the detention prisoner does not agree to abide by the same disciplinary rules
imposed upon convicted prisoners, he shall do so in writing with the assistance of
a counsel and shall be credited in the service of his sentence with four-fifths of
the time during which he has undergone preventive imprisonment.

“Credit for preventive imprisonment for the penalty of  reclusion perpetua shall be

deducted from thirty (30) years.

“Whenever an accused has undergone preventive imprisonment for a period

equal to the possible maximum imprisonment of the offense charged to which he
may be sentenced and his case is not yet terminated, he shall be released
immediately without prejudice to the continuation of the trial thereof or the
proceeding on appeal, if the same is under review. Computation of preventive
imprisonment for purposes of immediate release under this paragraph shall be
the actual period of detention with good conduct time allowance: Provided,
however, That if the accused is absent without justifiable cause at any stage of
the trial, the court may motu proprio order the rearrest of the accused: Provided,
finally, That recidivists, habitual delinquents, escapees and persons charged with
heinous crimes are excluded from the coverage of this Act. In case the maximum
penalty to which the accused may be sentenced is lestierro, he shall be released
after thirty (30) days of preventive imprisonment.”

SEC. 2. Article 94 of the same Act is hereby further amended to read as follows:

37
“ART. 94. Partial extinction of criminal liability. – Criminal liability is extinguished
partially:

“1. By conditional pardon;

“2. By commutation of the sentence; and

“3. For good conduct allowances which the culprit may earn while he is
undergoing preventive imprisonment or serving his sentence.”

SEC. 3. Article 97 of the same Act is hereby further amended to read as follows:

“ART. 97. Allowance for good conduct. – The good conduct of any offender
qualified for credit for preventive imprisonment pursuant to Article 29 of this
Code, or of any convicted prisoner in any penal institution, rehabilitation or
detention center or any other local jail shall entitle him to the following deductions
from the period of his sentence:

“1. During the first two years of imprisonment, he shall be allowed a deduction of
twenty days for each month of good behavior during detention;

“2. During the third to the fifth year, inclusive, of his imprisonment, he shall be
allowed a reduction of twenty-three days for each month of good behavior during
detention;

“3. During the following years until the tenth year, inclusive, of his imprisonment,
he shall be allowed a deduction of twenty-five days for each month of good
behavior during detention;

“4. During the eleventh and successive years of his imprisonment, he shall be
allowed a deduction of thirty days for each month of good behavior during
detention; and

“5. At any time during the period of imprisonment, he shall be allowed another
deduction of fifteen days, in addition to numbers one to four hereof, for each
month of study, teaching or mentoring service time rendered.

“An appeal by the accused shall not deprive him of entitlement to the above
allowances for good conduct.”

SEC. 4. Article 98 of the same Act is hereby further amended to read as follows:

“ART. 98. Special time allowance for loyalty. – A deduction of one fifth of the
period of his sentence shall be granted to any prisoner who, having evaded his
preventive imprisonment or the service of his sentence under the circumstances
mentioned in Article 158 of this Code, gives himself up to the authorities within 48
hours following the issuance of a proclamation announcing the passing away of
the calamity or catastrophe referred to in said article. A deduction of two-fifths of
the period of his sentence shall be granted in case said prisoner chose to stay in
the place of his confinement notwithstanding the existence of a calamity or
catastrophe enumerated in Article 158 of this Code.

“This Article shall apply to any prisoner whether undergoing preventive

imprisonment or serving sentence.”

SEC. 5. Article 99 of the same Act is hereby further amended to read as follows:”

38
“ART. 99. Who grants time allowances. – Whenever lawfully justified, the
Director of the Bureau of Corrections, the Chief of the Bureau of Jail
Management and Penology and/or the Warden of a provincial, district, municipal
or city jail shall grant allowances for good conduct. Such allowances once
granted shall not be revoked.”

SEC. 6. Penal Clause. – Faithful compliance with the provisions of this Act is
hereby mandated. As such, the penalty of one (1) year imprisonment, a fine of
One hundred thousand pesos (P100,000.00) and perpetual disqualification to
hold office shall be imposed against any public officer or employee who violates
the provisions of this Act.

SEC. 7. Implementing Rules and Regulations. – The Secretary of the

Department of Justice (DOJ) and the Secretary of the Department of the Interior
and Local Government (DILG) shall within sixty (60) days from the approval of
this Act, promulgate rules and regulations on the classification system for good
conduct and time allowances, as may be necessary, to implement the provisions
of this Act.

SEC. 8. Separability Clause. – If any part hereof is held invalid or

unconstitutional, the remainder of the provisions not otherwise affected shall
remain valid and subsisting.

SEC. 9. Repealing Clause. – Any law, presidential decree or issuance,

executive order, letter of instruction, administrative order, rule or regulation
contrary to or inconsistent with the provisions of this Act is hereby repealed,
modified or amended accordingly.

SEC. 10. Effectivity Clause. – This Act shall take effect fifteen (15) days from its
publication in the Official Gazette or in at least two (2) new papers of general
circulation.

APPENDIX I

REVISED RULES AND REGULATIONS OF THE BOARD OF PARDONS AND

PAROLE

Pursuant to the provisions of Section 4 of Act No. 4103, “The Indeterminate

Sentence Law”, as amended, the following Rules and Regulations are
hereby promulgated to govern the actions and proceedings of the Board of
Pardons and Parole:

39
 I. General Provisions

SECTION 1. Policy Objectives. — Under the provisions of Act No. 4103, as

amended, otherwise known as the “Indeterminate Sentence Law ”, which was
approved on December 5, 1933, it is the function of the Board of Pardons and
Parole to uplift and redeem valuable human material to economic usefulness and
to prevent unnecessary and excessive deprivation of personal liberty by way of
parole or through executive clemency. Towards this end, the Board undertakes
the following:

a. Looks into the physical, mental and moral records of prisoners who are eligible
for parole or any form of executive clemency and determines the proper time of
release of such prisoners on parole;

b. Assists in the full rehabilitation of individuals on parole or those under

conditional pardon with parole conditions, by way of parole supervision; and,

c. Recommends to the President of the Philippines the grant of any form of

executive clemency to prisoners other than those entitled to parole.

SECTION 2. Definition of Terms. — As used in these Rules, unless the context

indicates otherwise:

a. “Board” refers to the Board of Pardons and Parole;

b. “Executive Director” refers to the Executive Director/Secretary of the Board;
c. “Administration” refers to the Parole and Probation Administration;
d. “Administrator” refers to the Administrator of the Parole and Probation
Administration;
e. “Regional Director” refers to the Head of the Parole and Probation
Administration in the region;
f. “Probation and Parole Officer” refers to the Probation and Parole Officer
undertaking the supervision of the client;
g. “Director” refers to the Director of the Bureau of Corrections;
h. “Penal Superintendent” refers to the Officer-In-Charge of the New Bilibid
Prison, the Correctional Institution for Women and the prison and penal farms of
the Bureau of Corrections;
i. “Warden” refers to the Officer-In-Charge of the Provincial, City, Municipal or
District Jail;
j. “Carpeta” refers to the institutional record of an inmate which consists of his
mittimus or commitment order issued by the Court after conviction, the
prosecutor’s information and the decisions of the trial court and the appellate
court, if any; certificate of non-appeal, certificate of detention and other pertinent
documents of the case;
k. “Prison Record” refers to information concerning an inmate’s personal
circumstances, the offense he committed, the sentence imposed, the criminal
case number in the trial and appellate courts, the date he commenced serving

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his sentence, the date he was received for confinement, the place of
confinement, the date of expiration of the sentence, the number of previous
convictions, if any, and his behavior or conduct while in prison;
l. “Parole” refers to the conditional release of an offender from a correctional
institution after he has served the minimum of his prison sentence;
m. “Executive Clemency” refers to Reprieve, Absolute Pardon, Conditional
Pardon with or without Parole Conditions and Commutation of Sentence as may
be granted by the President of the Philippines;
n. “Reprieve” refers to the deferment of the implementation of the sentence for
an interval of time; it does not annul the sentence but merely postpones or
suspends its execution;
o. “Commutation of Sentence” refers to the reduction of the duration of a prison
sentence of a prisoner;
p. “Conditional Pardon” refers to the exemption of an individual, within certain
limits or conditions, from the punishment which the law inflicts for the offense he
had committed resulting in the partial extinction of his criminal liability;
q. “Absolute Pardon” refers to the total extinction of the criminal liability of the
individual to whom it is granted without any condition. It restores to the individual
his civil and political rights and remits the penalty imposed for the particular
offense of which he was convicted;
r. “Petitioner” refers to the prisoner who applies for the grant of executive
clemency or parole;
s. “Parolee” refers to a prisoner who is released on parole;
t. “Pardonee” refers to a prisoner who is released on conditional pardon;
u. “Client” refers to a parolee/pardonee who is placed under supervision of a
Probation and Parole Officer;
v. “Release Document” refers to the Conditional Pardon/Absolute Pardon
issued by the President of the Philippines to a prisoner or to the “Discharge on
Parole” issued by the Board;
w. “Parole Supervision” refers to the supervision/surveillance by a Probation
and Parole Officer of a parolee/pardonee;
x. “Summary Report” refers to the final report submitted by the Probation and
Parole Officer on his supervision of a parolee/pardonee as basis for the latter ’s
final release and discharge;
y. “Progress Report” refers to the report submitted by the Probation and Parole
Officer on the conduct of the parolee/pardonee while under supervision;

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 z. “Infraction Report” refers to the report submitted by the Probation and
Parole Officer on violations committed by a parolee/pardonee of the conditions of
his release on parole or conditional pardon while under supervision.

SECTION 3. National Prisoner Confined in a Local Jail. — The Board may not
consider the release on pardon/parole of a national prisoner who is serving
sentence in a municipal, city, district or provincial jail unless the confinement in
said jail is in good faith or due to circumstances beyond the prisoner ’s control.

A national prisoner, for purposes of these Rules, is one who is sentenced to a

maximum term of imprisonment of more than three (3) years or to a fine of more
than five thousand pesos; or regardless of the length of sentence imposed by the
Court, to one sentenced for violation of the customs law or other laws within the
jurisdiction of the Bureau of Customs or enforceable by it, or to one sentenced to
serve two (2) or more prison sentences in the aggregate exceeding the period of
three (3) years.

SECTION 4. Scope of Authority. — The Board may consider the case of a

prisoner for executive clemency or parole only after his case has become final
and executory. It will not take action on the petition of a prisoner who has a
pending criminal case in court or when his case is on appeal.

In case the prisoner has one or more co-accused who had been convicted, the
Director/Warden concerned shall forward their prison records and carpetas at the
same time.

II. PETITIONS FOR EXECUTIVE CLEMENCY/PAROLE

SECTION 5. Filing of Petition. — A formal petition for executive clemency

addressed as follows shall be submitted to the Board before the question of said
clemency will be considered.

“The President of the Philippines

Thru: The Chairman Board of Pardons and Parole,
DOJ Agencies Bldg., NIA Road cor. East Avenue,
Diliman, Quezon City”

Petitions for parole shall be addressed to the Chairman or to the Executive

Director of the Board.

However, the Board may, motu proprio, consider cases for parole, commutation
of sentence or conditional pardon of deserving prisoners whenever the interest of
justice will be served thereby. S

SECTION 6. Contents of Petition. — A petition for parole/executive clemency

shall state the name of the prisoner, his age, previous criminal record, if any,
whether a Filipino citizen or an alien and, if a naturalized Filipino, his former
nationality and date of naturalization, his previous occupation, place of residence,
present crime for which he was convicted, the trial/appellate court, his penalty of
imprisonment, fine, indemnity and the commencing date thereof, the jail or prison
to which he was committed and/or where he is presently confined, the date he
was received for confinement, the grounds upon which executive clemency is
being asked and certification from the trial court that his case is not on appeal.

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In addition to the above-mentioned data, a petition for absolute pardon shall be
under oath and shall include the date the petitioner was released from prison
after service of sentence or released on parole/pardon or terminated from
probation.

SECTION 7. Supporting Documents of Petition for Absolute Pardon. — The

petition for absolute pardon shall be accompanied by —

a. the affidavits of at least two (2) responsible members of the community where
the petitioner resides. The affidavits shall, among others, state that the petitioner
has conducted himself in a moral and law-abiding manner since his release from
prison and shall indicate the petitioner ’s occupation and his social activities
including religious involvement;

b. the clearances from the National Bureau of Investigation, the Philippine

National Police, the Prosecutor’s Office, the Municipal Circuit Trial Court, the
Municipal Trial Court, the Municipal Trial Court in Cities, the Metropolitan Trial
Court and the Regional Trial Court where petitioner resides;

c. proof of payment of indemnity and/or fine, or in lieu thereof, certification from

the City/Municipal Treasurer or Probation and Parole Officer on his financial
condition; and,

d. proof of service of sentence or certificate of Final Release and Discharge or

court’s Termination Order of probation.

SECTION 8. Referral of Petition for Absolute Pardon to a Probation and

Parole Officer. — Upon receipt of a petition for absolute pardon, the Board shall
refer the petition to a Probation and Parole Officer who shall conduct an
investigation on the conduct and activities, as well as the social and economic
conditions, of the petitioner prior to his conviction and since his release from
prison and submit a report thereof within fifteen (15) days from receipt of the
referral.

SECTION 9. Referral of Petition for Executive Clemency/Parole to Other

Government Agencies. — A petition for executive clemency shall be referred by
the Board to the Secretary of National Defense for comment and
recommendation if the crime committed by the petitioner is against national
security or public order or law of nations. In case of violation of election laws,
rules and regulations, a petition for executive clemency/parole shall be referred
to the Commission on Elections for favorable recommendation, provided,
however, that regardless of the crime committed, a petition for executive
clemency/parole may be referred for a pre-parole/executive clemency
investigation to a Probation and Parole Officer who shall submit a report on the
behavior, character antecedents, mental and physical condition of the petitioner
within thirty (30) days from receipt of referral, to include the results of the
National Bureau of Investigation records check. In case of an alien, the petition
shall be referred to the Department of Foreign Affairs for comment and
recommendation.

III. Executive Clemency

SECTION 10. Review of Cases for Executive Clemency. — Petitions for

executive clemency may be reviewed if the prisoners meet the following
minimum requirements:

A. For Commutation of Sentence —

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1. the prisoner shall have served at least one-third (1/3) of the minimum of his
indeterminate and/or definite sentence or the aggregate minimum of his
indeterminate and/or definite sentences.

2. at least ten (10) years for prisoners sentenced to Reclusion Perpetua or Life
imprisonment for crimes or offenses committed before January 1, 1994.

3. at least twelve (12) years for prisoners whose sentences were adjusted to a
definite prison term of forty (40) years in accordance with the provisions of Article
70 of the Revised Penal Code, as amended.

4. at least fifteen (15) years for prisoners convicted of heinous crimes as defined
in Republic Act No. 7659 and other special laws committed on or after January 1,
1994 and sentenced to one or more Reclusion Perpetua or Life imprisonment.

5. at least twenty (20) years in case of one (1) or more Death penalty/penalties,
which was/were automatically reduced or commuted to one (1) or more
Reclusion Perpetua or Life imprisonment;

B. For Conditional Pardon, the prisoner shall have served at least one-half (1/2)
of the minimum of his original indeterminate and/or definite sentence. However,
in the case of a prisoner who is convicted of a heinous crime as defined in
Republic Act No. 7659 and other special laws, he shall have served at least one-
half (1/2) of the maximum of his original indeterminate sentence before his case
may be reviewed for conditional pardon.

C. For Absolute Pardon, after he has served his maximum sentence or granted
final release and discharge or court termination of probation. However, the Board
may consider a petition for absolute pardon even before the grant of final release
and discharge under the provisions of Section 6 of Act No. 4103, as amended, as
when the petitioner:

(1) is seeking an appointive/elective public position or reinstatement in the

government service;

(2) needs medical treatment abroad which is not available locally,

(3) will take any government examination; or

(4) is emigrating.

SECTION 11. Prisoners not Eligible for Executive Clemency. — Prisoners

who escaped or evaded service of sentence are not eligible for executive
clemency for a period of one (1) year from the date or their last recommitment to
prison or conviction for evasion of service of sentence.

SECTION 12. Transmittal of Carpeta and Prison Record. — In executive

clemency/parole cases, the Director or Warden concerned shall forward the
prison record and carpeta of a petitioner at least one (1) month prior to the
eligibility for review as specified in Sections 10 and 13 of these Rules. The
Director or Warden concerned shall also furnish the Board and the Administration
on or before the fifth day of every month, a list of prisoners whose minimum
sentences will expire within ninety (90) days and those who may be considered
for executive clemency.

IV. Parole

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SECTION 13. Review of Cases for Parole. — Unless otherwise disqualified
under Section 15 of these Rules, a case for parole of a prisoner shall be
reviewed upon a showing that he is confined in prison or jail to serve an
indeterminate sentence, the maximum period of which exceeds one (1) year,
pursuant to a final judgment of conviction and that he has served the minimum
period of said sentence. SECTION 14. Grant of Parole. — A prisoner may be
granted parole whenever the Board finds that there is a reasonable probability
that if released, he will be law-abiding and that his release will not be
incompatible with the interest and welfare of society. SECTION 15.
Disqualification for Parole. — The following prisoners shall not be granted parole:
a. Those convicted of an offense punished with Death penalty, Reclusion
Perpetua or Life imprisonment; b. Those convicted of treason, conspiracy or
proposal to commit treason or espionage; c. Those convicted of misprision of
treason, rebellion, sedition or coup d ’état; d. Those convicted of piracy or mutiny
on the high seas or Philippine waters; e. Those who are habitual delinquents i.e.
those who, within a period of ten (10) years from the date of release from prison
or last conviction of the crimes of serious or less serious physical injuries,
robbery, theft, estafa and falsification, are found guilty of any of said crimes a
third time or oftener; f. Those who escaped from confinement or evaded
sentence; g. Those who were granted Conditional Pardon and violated any of the
terms thereof; h. Those whose maximum term of imprisonment does not exceed
one (1) year or those with definite sentence; i. Those suffering from any mental
disorder as certified by a government psychiatrist/psychologist; j. Those whose
conviction is on appeal; k. Those who have pending criminal case/s. SECTION
16. Deferment of Parole When Safety of Prisoner/Victim/Relatives of
Victim/Witness Compromised. — If, based on the Pre-Parole Investigation
Report conducted on the prisoner, there is a clear and convincing evidence that
his release on parole will endanger his own life and those of his relatives or the
life, safety and well being of the victim, his relatives, his witnesses and the
community, the release of the prisoner shall be deferred until the danger ceases.
chanroblespublishingcompany V. Proceedings of the Board SECTION 17.
Interview of Prisoners. — Any Board member or government official authorized
by the Board may interview prisoners confined in prison or jail to determine
whether or not they may be released on parole or recommended for executive
clemency. The Board or its authorized representatives shall interview an inmate
who was sentenced to Reclusion Perpetua or Life imprisonment, or whose
sentence had been commuted from Death to Reclusion Perpetua. Before an
interview, the Board may require a prisoner convicted of a heinous crime as
defined under Republic Act No. 7659 and other special laws to undergo
psychological/psychiatric examination if the prisoner has a history of mental
instability, or in any case, if the Board finds a need for such examination in the
light of the nature of the offense committed or manner of its commission.
SECTION 18. Publication of those Eligible for Executive Clemency/Parole. —
The Board shall cause the publication in a newspaper of general circulation the
names of prisoners convicted of heinous crimes or those sentenced by final
judgment to Reclusion Perpetua or Life imprisonment, who may be considered
for release on parole or for recommendation for absolute or conditional pardon.
SECTION 19. Objections to Petitions. — When an objection is filed, the Board
may consider the same by requesting the person objecting to attach thereto
evidence in support thereof. In no case, however, shall an objection disqualify
from executive clemency/parole the prisoner against whom the objection is filed.
SECTION 20. Documents to be Considered. — The carpeta and prison record of
the prisoner and other relevant documents, such as the mittimus or commitment
order, prosecutor’s information and trial/appellate court ’s decision of the case of
the prisoner shall be considered by the Board in deciding whether or not to
recommend executive clemency or to grant parole. In case the prisoner has one

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or more co-accused who had been convicted, the Board shall consider at the
same time the prison records and carpetas of said co-accused.
chanroblespublishingcompany SECTION 21. Factors to be Considered in
Petition for Conditional Pardon, Commutation of Sentence or Parole. — The
following factors may be considered by the Board in the grant of conditional
pardon, commutation of sentence or parole: a. the age of the petitioner, the
gravity of the offense and the manner in which it was committed, and the
institutional behavior or conduct and previous criminal record, if any; b. evidence
that petitioner will be legitimately employed upon release; c. a showing that the
petitioner has a place where he will reside; d. availability of after-care services for
the petitioner who is old, seriously ill or suffering from a physical disability; e.
attitude towards the offense and the degree of remorse; and, f. the risk to other
persons, including the victim, his witnesses, his family and friends, or the
community in general, the possibility of retaliation by the victim, his family and
friends. SECTION 22. Special Factors. — The Board may give special
consideration to the recommendation for commutation of sentence or conditional
pardon whenever any of the following circumstances are present: a. youthful
offenders; b. prisoners who are sixty (60) years old and above; c. physical
disability such as when the prisoner is bedridden, a deaf mute, a leper, a cripple
or is blind or similar disabilities; d. serious illness and other life-threatening
disease as certified by a government physician; e. those prisoners recommended
for the grant of executive clemency by the trial/appellate court as stated in the
decision; f. alien prisoners where diplomatic considerations and amity between
nations necessitate review; g. circumstances which show that his continued
imprisonment will be inhuman or will pose a grave danger to the life of the
prisoner or his co-inmates; and, h. such other similar or analogous circumstances
whenever the interest of justice will be served thereby. SECTION 23. Meetings.
— The Board shall meet in executive session regularly or upon the call of the
Chairman. chanroblespublishingcompany SECTION 24. Quorum. — A majority
of all the members of the Board shall constitute a quorum. SECTION 25. Board
Action. — A majority of the members of the Board, constituting a quorum, shall
be necessary to recommend the grant of executive clemency or to grant parole;
to modify any of the terms and conditions appearing in a Release Document, to
order the arrest and recommitment of a parolee/pardonee; and to issue certificate
of Final Release and Discharge to a parolee/pardonee. The minutes of the
meeting of the Board shall show the votes of its individual members and the
reason or reasons for voting against any matter presented for the approval of the
Board. Any dissent from the majority opinion to grant or deny parole shall be
reduced in writing and shall form part of the records of the proceedings.
SECTION 26. Executive Clemency/Parole of An Alien. — The Board may
recommend the grant of executive clemency or grant parole to a prisoner who is
an alien. In such a case, the alien who is released on parole or pardon shall be
referred to the Bureau of Immigration for disposition, documentation and
appropriate action. VI. Parole Supervision SECTION 27. Parole Supervision. —
After release from confinement, a client shall be placed under the supervision of
a Probation and Parole Officer so that the former may be guided and assisted
towards rehabilitation. The period of parole supervision shall extend up to the
expiration of the maximum sentence which should appear in the Release
Document, subject to the provisions of Section 6 of Act No. 4103 with respect to
the early grant of Final Release and Discharge. chanroblespublishingcompany
SECTION 28. Form of Release Document. — The form of the Release
Document shall be prescribed by the Board and shall contain the latest 1 ” x 1 ”
photograph and right thumbprint of the prisoner. SECTION 29. Transmittal of
Release Document. — The Board shall send a copy of the Release Document to
the prisoner named therein through the Director of Corrections or Warden of the
jail where he is confined who shall send a certification of the actual date of
release of prisoner to the Probation and Parole Officer.

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chanroblespublishingcompany SECTION 30. Initial Report. — Within the period
prescribed in his Release Document, the prisoner shall present himself to the
Probation and Parole Officer specified in the Release Document for supervision.
If within forty five (45) days from the date of release from prison or jail, the
parolee/pardonee concerned still fails to report, the Probation and Parole Officer
shall inform the Board of such failure, for appropriate action.
chanroblespublishingcompany SECTION 31. Arrival Report. — The Probation
and Parole Officer concerned shall inform the Board thru the Technical Service,
Parole and Probation Administration the date the client reported for supervision
not later than fifteen (15) working days therefrom. chanroblespublishingcompany
SECTION 32. Mandatory Conditions of Supervision. — It shall be mandatory for
a client to comply with the terms and conditions appearing in the release
document. SECTION 33. Review and Modification of Conditions. — The Board
may, upon the recommendation of the Probation and Parole Officer, revise or
modify the terms and conditions appearing in the Release Document. SECTION
34. Transfer of Residence. — A client may not transfer from the place of
residence designated in his Release Document without the prior written approval
of the Regional Director subject to the confirmation by the Board. SECTION 35.
Outside Travel. — A Chief Probation and Parole Officer may authorize a client to
travel outside his area of operational jurisdiction for a period of not more than
thirty (30) days. A travel for more than 30 days shall be approved by the Regional
Director. SECTION 36. Travel Abroad and/or Work Abroad. — Any parolee or
pardonee under active supervision/surveillance who has no pending criminal
case in any court may apply for overseas work or travel abroad. However, such
application for travel abroad shall be approved by the Administrator and
confirmed by the Board. SECTION 37. Death of Client. — If a client dies during
supervision, the Probation and Parole Officer shall immediately transmit a
certified true copy of the client’s death certificate to the Board recommending the
closing of the case. However, in the absence of a death certificate, an affidavit
narrating the circumstances of the fact of death from the barangay chairman or
any authorized officer or any immediate relative where the client resided, shall
suffice. VII. Infraction/Violation of the Terms and Conditions of the Release
Document SECTION 38. Progress Report. — When a parolee/pardonee commits
another offense during the period of his parole surveillance, and the case filed
against him has not yet been decided by the court, a Progress Report should be
submitted by the Probation and Parole Officer to the Board. SECTION 39. Report
of Parole Infraction/Violation. —Any violation of the terms and conditions
appearing in his Release Document or any serious deviation or non-observance
of the obligations set forth in the parole supervision program shall be immediately
reported by his Probation and Parole Officer to the Board. The report shall be
called Infraction Report when the client has been subsequently convicted of
another crime. SECTION 40. Arrest of Client. — Upon receipt of an Infraction
Report, the Board may order the arrest or recommitment of the client. SECTION
41. Effect of Recommitment of Client. — The client who is recommitted to prison
by the Board shall be made to serve the remaining unexpired portion of the
maximum sentence for which he was originally committed to prison. SECTION
42. Cancellation of Pardon/Parole. — The Board may recommend the
cancellation of the pardon or cancel the grant of parole of a client if it finds that
material information given by said client to the Board, either before and after
release, was false, or incomplete or that the client had willfully or maliciously
concealed material information from the Board. SECTION 43. Review of Case of
Recommitted Parolee. — The Board may consider the case of a recommitted
parolee for the grant of a new parole after the latter shall have served one-fourth
(1/4) of the unserved portion of his maximum sentence.
chanroblespublishingcompany VIII. Termination of Parole and Conditional
Pardon Supervision SECTION 44. Certificate of Final Release and Discharge. —
After the expiration of the maximum sentence of a client, the Board shall, upon

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the recommendation of the Chief Probation and Parole Officer that the client has
substantially complied with all the conditions of his parole/pardon, issue a
certificate of Final Release and Discharge to a parolee or pardonee. However,
even before the expiration of maximum sentence and upon the recommendation
of the Chief Probation and Parole Officer, the Board may issue a certificate of
Final Release and Discharge to a parolee/pardonee pursuant to the provisions of
Section 6 of Act No. 4103, as amended. chanroblespublishingcompany The
clearances from the police, court, prosecutor ’s office and barangay officials shall
be attached to the Summary Report. chanroblespublishingcompany SECTION
45. Effect of Certificate of Final Release and Discharge. — Upon the issuance of
a certificate of Final Release and Discharge, the parolee/pardonee shall be finally
released and discharged from the conditions appearing in his release document.
However, the accessory penalties of the law which have not been expressly
remitted therein shall subsist. SECTION 46. Transmittal of Certificate of Final
Release and Discharge. — The Board shall forward a certified true copy of the
certificate of Final Release and Discharge to the Court which sentenced the
released client, the Probation and Parole Officer who has supervision over him,
the client, the Bureau of Corrections, the National Bureau of Investigation, the
Philippine National Police and the Office of the President. IX. Repealing and
Effectivity Clauses SECTION 47. Repealing Clause. — All existing rules,
regulations and resolutions of the Board which are inconsistent with these Rules
are hereby repealed or amended accordingly. SECTION 48. Effectivity Clause.
— These Rules shall take effect upon approval by the Secretary of Justice and
fifteen (15) days after its publication in a newspaper of general circulation.
chanroblespublishingcompany Done in Quezon City, this 26th day of November
2002. chanroblespublishingcompany

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